Technology and intellectual property

What is technology law?

Technology law exists to protect the commercial interests and objectives of businesses that depend on, or are involved in, technology in terms of digital works and data.

Intellectual property around the subject of technology can get very complicated, whether it's to do with digital copyright or digital data security. Our experts can take the uncertainty out of the situation, allowing you to continue running you business.

It covers a range of intellectual property matters, including:

• Trade mark and copyright
• Patent litigation
• Patent prosecution
• Data protection
• Data privacy and security
• Technology transactions

This list is by no means exhaustive, and it is the diverse, complex nature of technology law that makes it essential to work with expert technology law solicitors if you are in any doubt over the best way to protect your business at any stage of its growth cycle.

What constitutes an offence under technology law?

The Copyright, Designs and Patent Act 1988 prohibits the manufacture, import, possession, distribution, or sale of any device or service that is designed to circumvent technological measures.

This area of the law is intended to provide protection to anyone whose intellectual property has been compromised by a piece of technology, such as computer hacking equipment, software, or viruses.

The law protects copyright owners against any prejudicial attack that circumvents their digital rights – which refers to the copyrights around digital works published online, as well as permissions involving digital information in terms of access and control.

What are the penalties for breaches of technology law?

If you are found guilty of circumventing someone’s digital rights, you could be issued with a fine of up to £5,000, and a prison sentence of up to ten years.

Technology law is continually evolving in order to keep pace with developments in the way technology businesses operate, and penalties for breaches of the law are being updated all the time.

What are the defences to breaches of technology law?

If you have been accused of or charged with a technology offence, a defence may involve proving you did not know, or had no reasonable grounds to believe, that the service or device you created, used, offered for sale or distributed would infringe someone else’s digital rights.

In many cases, defendants inadvertently infringe the copyright, trademark, or intellectual property rights of other individuals or businesses without realising they are doing so. First4Lawyers can work toward building your defence if this has happened to you.

How can technology lawyers help me to protect and grow my business?

Difficulties often arise when working through transactions or disputes involving technology businesses. The complexity and unpredictability of software licences, outsourcing agreements, and technology contracts can lead to a wide range of legal issues, and it is important to take the appropriate steps to ensure your company is protected by the law.

By enlisting the assistance of intellectual property solicitors with a deep understanding of technology law, you can protect and enforce your trade reputation against infringement and minimise risk and liability in commercial transactions.

Specific practice areas that First4Lawyers can advise upon and assist you with include:

• Intellectual property disputes between technology companies
• Information technology disputes, including fraudulent transactions
• Company and contractual risk management
• Trade reputation and goodwill protection
• Technology licensing
• Joint ventures

I need further legal advice - what should I do next?

Using First4Lawyers gives you access to a group of highly qualified technology lawyers. They can provide you with the very best advice when dealing with any aspect of technology law.
Whether you are facing an international digital rights case, or require some assistance in data protection for your company, we can help you to unpick the relevant area of technology law and move your business forward.

Contact us today to discuss your options.