Intellectual property disputes

Intellectual property in web development

The crown jewel, however, in any website development is the source code to the software that underlies the website. Copyright will arise in the source code. With ownership of the copyright come unfettered rights of use, adaptation, amendment, development, copying and so on. However, does a customer always need to own the copyright? In some cases, this will be a must; in other cases, a licence granting specific rights might also just do the job. We look at when a licence might be sufficient later in this article.

Throwing (out) some shapes

On 20 January 2016, Mr Justice Arnold of the High Court held two distinctive shapes (Nestlé’s KitKat chocolate bar and the London taxi) were incapable of registration as trade marks. Before turning to Mr Justice Arnold’s decisions, summarised below are the general requirements a mark (including shapes) must meet in order to be registered as a trade mark, as well as relevant exclusions.

Confidentiality and copyright infringement

The case of Force India Formula One Team Ltd v 1 Malaysia Racing Team concerned the misuse of confidential information and copyright. In April 2008 Force India engaged Aerolab to design a half-size wind tunnel model for a Formula 1 racing car. The parties entered into a development agreement which contained a confidentiality clause and provided that all intellectual property created by Aerolab under the agreement would belong to Force India.

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