There are two technical terms that you will often encounter when going through the pages of a software licensing agreement or a software development agreement. These are source code and object code. Nevertheless, before elucidating those concepts of source code and object code, it would make sense to first clarify what software is. Like many…Continue reading
Category: Articles
Main types of IT agreements
In this first installment of Tips on Tech Contracts we will focus our attention on some of the most common types of information technology agreements – software licenses and IPR assignments, cloud agreements, professional services and managed services agreements and hardware agreements. Software licensing agreements and IPR assignments At the core of each software…Continue reading
Google v Oracle and the copyrightability of APIs
On 5th of April 2021 the US Supreme Court handed down its decision on the decade long legal battle between Oracle and Google regarding the copying of code from the Java API. This article will present a summary of the case as well as an analysis of its outcome and some additional thoughts on the copyrightability…Continue reading
Preparatory software materials and the scope of their protection under copyright
In its embryonic stage every computer program was just an idea. There are many stories of creative geniuses who not only came up with the idea for a given software but also turned that idea themselves into a successful product that was eventually placed on the market. However, quite often what happens in reality has…Continue reading
Liability for trademark infringement in digital marketing
In recent decades commercial marketing has evolved significantly. Part of that evolution is largely related to a specific shift in the way of reaching the customer audience. In this sense, advertising has started to slide away from the grounds of traditional media and is now increasing its focus on the media of the new millennium…Continue reading
Legal protection of designs
The visual appeal of a product plays a key role for its potential commercial success. Brands such as Apple and Alfa Romeo are a clear example how the design of a product can be used to elicit an emotional response from the consumer that could ultimately result in a purchasing decision. All this goes to…Continue reading
Legal protection of databases
Data is the new currency in our contemporary digital era and as such it plays a vital role for the success of every business enterprise. Accordingly, databases are a key infrastructure component of the fast-growing digital economy. They are an important tool that could allow a business to harness and utilize the power of data…Continue reading
A clash of liability in contract and tort in an IPR environment: Case analysis C-666/18 – IT Development SAS v Free Mobile SAS
Back in 2019 the Court of Justice of the European Union (CJEU, the Court) was faced with a request for a preliminary ruling from the Paris Court of Appeal related to a dispute that arose from an alleged breach of a software licensing agreement. The case (C‑666/18) that was ultimately decided by the CJEU by…Continue reading
Distance contracts under the Consumer Rights Directive /part 2 – the right of withdrawal/
Article 9 of Directive 2011/83/EU on consumer rights (Consumer Rights Directive, CRD) establishes the right of the consumer to withdraw from a distance contract within a period of 14 days and without giving any reason or incurring any penalty. The rationale behind such a right of withdrawal stems from the fact that under a distance…Continue reading
Distance contracts under the Consumer Rights Directive /part 1 – Information requirements/
Directive 2011/83/EU on consumer rights (Consumer Rights Directive/CRD) defines a “distance contract” as a contract concluded between a trader and a consumer under an organized distance sales or service-provision scheme, without the simultaneous physical presence of these two parties and with the exclusive use of one or more means of distance communication up to and…Continue reading
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