The following TMT practice note provides comprehensive and up to date legal information covering:
This Practice Note examines and explains the intellectual property rights (IPRs) that may exist in a website and the extent to which these can be protected. It also considers relevant factors in website development projects and what website owners can do to stop unauthorised use of their websites and to prevent unlawful conduct online by their competitors.
The Practice Note covers:
The main components of a website
The elements of a website that can be protected by copyright or other intellectual property rights
‘Look and feel’ and ‘functionality’
The term of protection of copyright and other relevant intellectual property rights
Securing IPRs in website development projects
Preventing unauthorised copying or use of a website, or unlawful conduct by competitors
Service providers’ legal obligations to prevent online copyright infringement
This Practice Note includes a brief discussion about internet service provider (ISP) liability but for a more detailed explanation of the relevant issues, see Practice Note: ISP and intermediary liability.
It does not consider issues arising in relation to registration, use or protection of domain names. For more on this, see: Domain names—overview.
A website is the cornerstone of an organisation’s online presence and website owners invest significant time and resource in the creation and development of websites and their content. The internet has been instrumental in enabling businesses to expand the reach of their
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
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