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.
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