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Latest TMT News

AG Szpunar—licensee may decompile a computer program to correct errors unless restricted by licence (Top System SA v Belgium)

The following IP news provides comprehensive and up to date legal information on AG Szpunar—licensee may decompile a computer program to correct errors unless restricted by licence (Top System SA v Belgium)

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

The following Family news provides comprehensive and up to date legal information on Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

TMT weekly highlights—8 April 2021

The following TMT news provides comprehensive and up to date legal information on TMT weekly highlights—8 April 2021

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

The following Commercial news provides comprehensive and up to date legal information on Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Featured TMT content

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

Malicious falsehood

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...

Practice notes

The commercialisation of sport

Sport has become a big business. It is now widely recognised not only as a pastime or recreation but as an industry in its own right. However, as a...

Produced in partnership with Craig Giles of Bird & Bird 12th Jan

Practice notes

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...

9th Nov

Precedents

Modern slavery: contract clauses

1DefinitionsModern Slavery Policy•means the Customer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the...

9th Nov

In-house

Practice notes

Information society services and e-commerce

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

Practice notes

Defamation—defences

DefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act 2013 (DA 2013),...

Produced in partnership with 5RB 12th Jan

In-house

Practice notes

Uniform Domain Name Dispute Resolution Policy (UDRP) process

This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...

Produced in partnership with Emily Taylor of Oxford Information Labs 12th Jan

Practice notes

Autonomous vehicles—key legal issues

This Practice Note considers the following issues in relation to the development and use of autonomous and connected vehicles (also referred to as...

Produced in partnership with Lucy McCormick of Henderson Chambers 12th Jan

Practice notes

Sub-licensing intellectual property rights

An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...

Produced in partnership with Jessica Stretch 12th Jan

In-house

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...

9th Nov

Brexit

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

GNU General Public License (GPL) 2.0—commentary

Although its popularity has declined in recent years in favour of permissive licences such as MIT, a significant amount of software remains licensed...

9th Nov

Practice notes

Applications for interim injunctions for breaches of privacy

This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies.Coronavirus...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB and Daniel Bishop 12th Jan

Practice notes

Preparing a UDRP complaint—before you start

This Practice Note covers the considerations to be taken into account before drafting a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint...

Produced in partnership with Emily Taylor of Oxford Information Labs 12th Jan

Practice notes

Private right of redress for consumers

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Most recent Information technology content

Practice notes

TCC—allocating, transferring, staying and discontinuing proceedings

This Practice Note looks at various preliminary case management issues affecting cases proceeding in the Technology and Construction Court (TCC) under...

13th Apr

Practice notes

TCC—case management

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

13th Apr

Precedents

Software transfer agreement—long form

This Agreement is made on [insert date]Parties1[insert supplier name] a company incorporated in [England and Wales] whose registered number is [insert...

13th Apr

Practice notes

Settling disputes—what, when and why settle?

This Practice Note considers when and why achieving a settlement of the dispute should form a part of the overall litigation strategy of conducting...

Produced in partnership with Helen Swaffield of Contract Law Chambers 13th Apr

Practice notes

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses

Many contracts contain dispute resolution clauses which provide an alternative to a straightforward agreement to resolve any disputes that arise by...

13th Apr

Practice notes

Drafting a dispute resolution clause

As seen in Practice Note: Dispute resolution clauses—what and why, it is generally seen as being advantageous to include a dispute resolution clause...

13th Apr

Practice notes

TCC—making an application

This Practice Note looks at interim applications in cases proceeding in the Technology and Construction Court (TCC). It looks at specific provisions...

12th Apr

Practice notes

Mobile app development and data protection

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

12th Apr

Precedents

Mobile app end-user licence agreement (EULA)—generic

We are [app provider’s name and address], the creators of [app name] (referred to below as the ‘app’).You must be at least [13] years old and resident...

12th Apr

Practice notes

Cloud computing—data protection

This Practice Note on data protection and business-to-business cloud computing, including software as a service (SaaS), platform as a service (PaaS)...

12th Apr

In-house

Precedents

Mobile app end-user licence agreement (EULA)—for Apple App Store

We are [app provider’s name and address], the creators of [app name] (referred to below as the ‘app’).You must be at least [13] years old and resident...

9th Apr

Precedents

Software development agreement—pro-customer

This Agreement is made on [insert date] (the Commencement Date) between the following:Parties1[insert supplier name] a company incorporated in England...

9th Apr

Practice notes

Key issues in IT disputes

This Practice Note considers key issues in IT disputes (ie legal disputes which have an IT element), focusing particularly on issues that commonly...

9th Apr

Practice notes

TCC—expert evidence

This Practice Note provides guidance on expert evidence in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and Technology and...

9th Apr

Practice notes

Resolving a dispute—initial considerations

Pre-action protocols and Practice Direction Pre-Action Conduct and ProtocolsOnce you have a dispute to resolve (as opposed to an abstract question of...

9th Apr

Practice notes

Model ADR clauses

This Practice Note considers model form alternative dispute resolution (ADR) clauses provided by a number of service providers, namely: Centre for...

9th Apr

Practice notes

Responding to a letter of claim—a practical guide

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which the...

9th Apr

Precedents

Mobile application development agreement—pro-customer

This Agreement is made on [insert date] (the Commencement Date) between the following:Parties1[insert supplier name] a company incorporated in England...

Produced in partnership with Tim Wright of Fladgate LLP and Sarah Bryan of Morgan Lewis 9th Apr

Precedents