IP Provisions in IT Contracts - Tricky Issues Explained

Introduction

IP provisions are one of the most critical aspects of an IT contract and issues will arise in numerous IT related contracts such as software licensing and maintenance agreements, IT outsourcing agreements, IT R&D contracts, SaaS contracts, IT joint ventures and app development contracts.

One of the issues around software and IP is that software contracts are often the domain of IT lawyers, whereas detailed IP provisions are often the domain of IP lawyers.

If the party drafting or advising on the IP provisions is not familiar with both software law elements and IP law elements, then this can lead to issues and problems later on.

What You Will Learn

This live and interactive course will cover the following:

• What IP is there in software and how is it typically protected?
• What about software modifications and who owns the IP in those modifications?
• What about IP in software that is created by the parties jointly as part of collaborative efforts - how can each party use the IP in that software?
• What about background IP and foreground IP in software? What is it and how can you draft an IT contract to cater for this?
• Common mistakes in drafting IP clauses in IT contracts and the implications
• When do IP drafting mistakes come to light?
• Registration requirements and formalities regarding IP in software
• Case law in relation to issues with IP in IT Contracts regarding how IP issues have arisen and been litigated and exploring the outcomes and lessons to be learned

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.