Free Online Articles Directory
Home Page  Leigh Ellis |
|||||
 |
 
Leigh Ellis is an intellectual property solicitor and contract lawyer advising on management of claims for intellectual property rights infringement, including software infringement and contract law. Based in London, he is a lawyer as well as a software engineer, and well placed provide legal advice on technology and technical issues.
Sort By: Date | Popularity
 Infringement Of Uk Trade Marks By Foreign Domain NamesUK trade marks grant the trade mark owner the exclusive right to use the trade mark in the UK. When the trade mark is used on foreign websites, it is a question of law whether or not the trade mark is infringed under with UK law, thus giving rise to liability for trade mark infringement. Terms of Business and UK Regulatory Compliance OnlineWe find that businesses contact solicitors for two primary purposes. The first is to ensure that their business properly establishes their terms of business and indirectly to comply with regulatory requirements, such as the Data Protection Act, Distance Selling Regulations. Another instance is where a contract has been proposed, or needs to be prepared for a particular transaction, and the legal terminology is beyond the their experience and understanding, due to its technical legal nature. Remedies for Breach of Contract in the UKUnder UK law, a variety of remedies are available for the innocent party against the party in breach. In this article, Gillhams Solicitors step through some of the remedies available in litigation under UK law. Managing Contracts and Liability - Law of Mistake in the UKMistakes at law may affect the validity of the formation of a contract. The effect of a mistake on the validity of a contract depends on the type and nature of the mistake made. The general rule is that where a mistake has been made by the parties, at common law the contract may be deemed void, as if the contract had never existed. Equity takes a more flexible approach in that contracts containing certain mistakes may be treated as voidable, where either party can terminate the contract. How Difference Between Privity of Contract, Novation and Assignment Under UK LawThe doctrine of privity of contract is the relationship that exists between parties to a contract. Only those parties to the contract are bound by it and are able to enforce the contractual obligations under the contract. The concepts of novation and assignment, although not exceptions to this rule, are contrary to the principles outlined in it and have developed to overcome restrictions imposed by the doctrine. UK and European Trade Mark Protection and the LawThe fundamental purpose and function of trade marks is to provide consumers with the means to demarcate the goods and services of one trader from another. It allows consumers to recognise your products or services as yours alone and thus avoid confusing it with the products or services of a competitor. Trade marks provide an exclusive way in which your goods or services can be identified as originating from you. Use of Competitors’ Trade Marks and Comparative Advertising in the United Kingdom and EuropeOrdinarily use of competitors’ trade marks amounts to a trade mark infringement and/or passing off. However the Trade Marks Act 1994 (‘TMA’) and European legislations legitimise use of competitors’ trade marks provided that the use takes place in a particular way, and certain tests are satisfied. Terms of Contract and Penalty Clauses in English LawRegardless of contracts are formed by email, on a website or verbally, provisions imposing a penalty or forfeiture are unenforceable under English law. Penalties may take the form of an excessive sum to be paid if a party to the contract fails to perform, and forfeiture exists where a contract term purports to relinquish the property of the party in breach to the party not in breach. Settlement of UK Intellectual Property Disputes: Part 36 CprWhen a person innocently infriges intellectual property rights, the innocent infringer may make a Part 36 offer in UK pursuant to the Civil procedure Rules to maximise the prospects of avoiding litigation by the intellectual property rights owner. Fireballs From Cyberspace – Staying Out of Trouble in Software Development and Technology ContractsIn the famous words of Marvin the Martian, “Oh, drat these computers; they’re so naughty and complex, I could pinch them”. Things may have moved on in the industry since then, but it is a regular occurrence that software developers’ contracts should be ‘pinched’. Any technology contract should allow the software developer and customer to develop their relationship over time, but many don’t. Technology and intellectual property lawyer, Leigh Ellis offers guidance on the areas to watch.
|
 |
|||
|
Article Categories
|
|
||||
|
|
|||||
