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  • Overview

    Our client is a direct marketing and digital agency that specialises in e-bulletins.

    Our client had engaged the services of a consultant for the provision of software development services over the previous two years.

    Our client had not put any written contract documentation in place to record the terms of engagement with the consultant. The software platform which had been developed was now a substantial asset and key to our client’s business.

    The law provides that any intellectual property created by a consultant (who is not an employee) in the course of providing services will be owned by the consultant, in the absence of any written agreement to the contrary. It was therefore crucial for our client to obtain an assignment of the existing intellectual property rights in the software, together with any further rights that might be created.

    We were able to prepare a consultancy agreement to deal with the assignment of the intellectual property rights in the software in addition to providing our client with clarity on the other terms that applied to its arrangement with the software developer.

  • Related Services

    Commercial contracts

    We can deal with all the stages of a commercial contract – from initial structuring and head of terms to preparing, negotiating and completing the contract documentation. We can also advise you on contractual disputes that may arise during a project and provide assistance with terminating a business relationship.

    Intellectual Property work across a wide range of sectors and for all sizes of business, in particular, owner managed businesses. Our experience means we can help you to identify all the Intellectual Property that might exist in your business. We regularly advise on the protection, exploitation and enforcement many types of Intellectual Property.

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Jargon Buster