IP & Technology | Software
Whether used to perform a particular business function, forming a critical element of manufactured products or powering a service to its customers, software may comprise various forms of intellectual property rights.
Whether developing, licensing, purchasing, offering support for or otherwise dealing with software, you need to consider many issues – including identifying the software, and confirming what it will do, who owns the intellectual property rights and what user rights are granted. If services are to be provided these must be outlined, including the hours of service, response and correction times, service levels and remedies for failure to achieve those levels.
We can help you to manoeuvre these key issues to ensure your business is properly protected and find the right solution for you.
We advise clients on a wide range of requirements in respect of software, whether as service or product providers or as users, including:
- software development and maintenance contracts (including bespoke/Agile software)
- contracts to supply software programs
- SaaS agreements
- website-related agreements
- management/assignment of IP rights in software
- reseller agreements
- advice on infringement
We act for a company whose business comprises the development and sale of advanced software programs for management of drug production by its pharmaceutical clients. We drafted a standard development, installation, licensing and support contract and negotiated it, dealing with issues such as project definition, change control, acceptance, precise user rights, service levels, warranties and limitations, intellectual property, support service levels, and price reviews. The purchasers varied from commercially astute but reasonable companies to large corporations with difficult, commercially-unrealistic procurement teams. We always achieved a result.