Where someone thinks their intellectual property rights are being infringed they usually ask the other party to ‘cease and desist’ from infringement. Cease and desist letters are most commonly used as a prelude to passing off ...

Methods used to settle disputes range from negotiation, to courtroom litigation. For some disputes businesses may prefer to use alternatives to costly and lengthy courtroom battles.

Alternative Dispute Resolution, or ADR, is ...

The internet has changed the rules for many industries. In my books Legally Branded and Intellectual Property Revolution, I explained how the internet impacts the intellectual property industry.

Here is how I see it changing ...

I was speaking to a designer recently who said that people find IP rights very frightening.

That intrigued me. Why fear IP? Is it that you fear what you don’t understand? Is it that IP is a nuisance perhaps?

Whatever the rea...

The most common copyright dispute we see involves an image used on a website which the website owner does not own or have permission to use.

The reason this happens is that either a web designer has grabbed an image from the i...

Brand name disputes occur all too frequently because the trademark registers are increasingly cluttered and it can be difficult to find available names. You may be found using a name for one purpose, but as soon as you use i...

The fast pace of change can make it challenging to maintain a sustainable, and profitable business. So it helps to look at how others are managing to succeed. In my blog this week I look for clues at Adobe, one of the world’...

Whenever you are entering into a contract, be that with another business or an individual, it is important to be aware that the law will sometimes intervene to invalidate terms, or even entire agreements, if the terms of ...

Sometimes the law implies contract terms to regulate your relationships whether you have a legal contract in place or not.

These implied terms may arise due to specific legislative provisions, or as a result of general l...

A written agreement is not necessary for a legally binding contract to come into being.

• Under the law once there is clarity about the parties involved in the proposed contract, what the product or project involves doin...

Terms and conditions are sometimes called Business Terms or Terms of Business, or simply contract terms.

They are used in a variety of situations, such as to govern the contractual relationship between you and your custo...

There is legislation requiring organisations to explain the purposes for which personal data is being processed. Companies also need to provide individuals with certain safeguards in respect of the processing of the informatio...