Websites

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This Overview is a guide to the practice area content on IP issues arising from websites, with links to analysis, precedents and awareness. Websites sit at the intersection of copyright, trade marks, designs and database right, and are central to brand value and content distribution. Practitioners must assess subsistence, ownership and licensing of site content, layout, software and multimedia under the Copyright, Designs and Patents Act 1988, including commissioned works, contractor arrangements, moral rights and open‑source components. Compilations of data may attract database right under the Copyright and Rights in Databases Regulations 1997, engaging scraping and text and data mining questions; the UK exception for computational analysis is limited to non‑commercial research. Online branding raises issues around trade mark use, keyword advertising, metatags and look‑alike get‑up, alongside passing off, under the Trade Marks Act 1994. Domain name strategy and enforcement involve Nominet’s Dispute Resolution Service and ICANN’s UDRP. Intermediary liability and safe‑harbour defences for hosting, caching and mere conduit services are addressed in the Electronic Commerce (EC Directive) Regulations 2002, alongside linking, framing and embedding and the transient copies exception. Enforcement options include notice and takedown, disclosure orders...

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