IT & licences

IT

IT solutions are becoming increasingly important. If business processes are slowed down by IT problems, this can lead to major losses or high claims. Proper agreements on design, liability, intellectual property rights and the continuity of IT solutions can help prevent many problems.

Contracts

It is important to properly lay down the division of responsibilities, risks and liabilities in an IT project to avoid surprises afterwards.

We can support you in IT projects and assess and draw up the required IT contracts for you. Examples include development agreements if custom software needs to be developed, agreements that relate to the implementation of a new IT system (such as ERP, CMS, CRM or PIM), hosting, licences, cloud services, escrow and the processing of personal data. In addition, you may want to specify the level of service in a Service Level Agreement (SLA).

Our specialists assist both IT suppliers and customers in drawing up or checking IT contracts.

Online platforms

More and more organisations are offering their services or products through online platforms (e.g. social or transaction platforms). Setting up such a platform often requires relatively little investment, but this online trade is subject to complex regulations.

Our specialists can tell you exactly which regulations you need to take into account and can support you in setting up such a platform. For example, we have extensive experience in drawing up licence contracts or terms of use which set out the agreements concerning the use of the platform.

Conflicts

Automation projects often fail due to insufficient preparation or because expectations of suppliers and customers differ. We can assist you in dealing with an impending or pending IT dispute. If necessary, we can submit your dispute to judicial authorities or arbitral tribunals.

Licences and transfer of intellectual property rights

There are different kinds of licences. A licence gives the right to use certain intellectual property rights of another person or a company. It may be a trademark licence, a software licence or a patent licence, for example. Licences can be exclusive or may give the right to grant sublicences.

In certain cases, for example if the IT supplier has made customised software for the client, it may be desirable to obtain ownership of the intellectual property rights instead of a licence for those rights. Agreements on use are then not necessary.

Form and content of licences

In most cases, a licence does not have to be in writing. But as proof, or to attach certain conditions to the licence, it is advisable to draw up a written licence agreement. This will in any case have to state which intellectual property rights may be used and under which conditions. You can contact our specialists for the drafting, checking or explanation of various types of licence agreements.

Transfer of intellectual property rights

An agreement is also required for the transfer of intellectual property rights. This agreement must in any case state which intellectual property rights are being transferred and whether a price will be paid for this.

If you have any questions or would you like more information, please do not hesitate to contact us. We will be happy to help you.