Intellectual property/Information technology

Increasingly, businesses are managing their intellectual property just as they would any other asset. We advise on licensing arrangements and liability issues that arise, to assist you manage risk sensibly and we understand that total transfer of such risk may bring you unnecessary costs and so establish which parties are best able to manage the risks involved in the most cost effective manner.

You may rely on third parties to develop intellectual property, such as bespoke management or operational software We are accustomed to negotiating and drafting protective provisions to ensure third party rights are not infringed, whilst at the same time providing for the possibility of "work arounds" to ensure the rest of the product can be delivered to cost and in a timely manner. We acknowledge that damages may not be the best outcome where a client still requires an end product to service their customer base.

We regularly advise on confidentiality agreements, non-disclosure arrangements and information exchange agreements as part of our day to day public/private sector practice. We are familiar with drafting (or amending) documents in a manner that is appropriate to the importance attached to the information being disclosed or shared, whether that is assessed by the value of the deal of which it forms part, or the potential consequences of unauthorised disclosure.

We act for a number of public sector bodies in relation to information technology issues and arrangements including:

• OJEU requirements and tendering procedures;
• Framework Agreements for multiple organisationalusers/group entities;
• Maintenance/consultancy agreements;
• Software licences;
• Software development agreements; and
• Turnkey Contracts.

We were recently instructed by a law enforcement agency to advise on the Airwave emergency communication system and by a procurement body in relation to the third generation Police National Network intended to provide data and telephony services nationally to police and criminal justice organisations. As well as advising on bespoke arrangements, we have advised on the Catalist contracts maintained by the Office of Government and Commerce and enhancements thereto for specific project purposes.

Our public sector clients are increasingly pursuing their objectives via electronic means. Our advice includes how contracts might best be concluded by electronic means and has extended to matters as diverse as advising a national supermarket chain on when the "point of sale" occurs for the purposes of internet alcohol purchases and liquor licensing laws.