In the modern economy the intellectual capital is becoming more and more important. Many businesses are based on products of the mind. Companies such as Unilever, Endemol and Philips would not be here today if it had not been for intellectual property protection. The acquisition, management, licensing and enforcement of intellectual property rights is a strategic imperative that is essential to the success of all technology and emerging growth companies, from start-ups to large publicly traded corporations.
At the same time, the identification and protection of several different intellectual property rights can be complicated. Different forms of protection regulate different parts of the market: copyright law, law on neighbouring rights, database law, trademark law, designs and models law, patent law and plant variety law. If you are uncertain as to what rights you have and how to use them, the specialists at SOLV can help you.
We partner with technology and emerging growth companies to develop and implement successful new business models and execute strategic intellectual property litigation to protect these businesses. We structure and negotiate technology transactions and consult on long-term intellectual property strategies in order to most effectively leverage their intellectual assets.
Would you like to find out more about intellectual property law? Please contact Marieke Neervoort.
eCommerce and the Internet
The dotcom bubble might have burst, but the Internet and eCommerce are still growing. The reason for this growth can be found in the development of new Internet applications. New technologies hit the centre of human interaction: communications. This used to be the case with the printing press and telephone, but developments have skyrocketed ever since the introduction of the Internet and eCommerce. Who can live without email?
Consumers’ trust in the Internet is growing. More and more people are buying online.
The time has come for serious companies, with a constructive business plan, to go after the challenges the Internet and eCommerce have brought up. Now that the Internet and eCommerce are growing faster than ever, Internet companies are confronted with new legal issues. SOLV helps its clients to solve these issues.
We have gained our experience by working for trendsetting Internet companies such as KaZaA, Marktplaats, Kranten.com and XS4ALL. We support start-ups in realising their business plan and we are the first to create customised solutions.
Privacy and the protection of personal data are hot issues in our information society. According to research bureau Forrester Research, almost 70% of consumers who buy online do not feel safe providing personal data. Research by the US National Fraud Information Center shows that Internet users are worried more about privacy than about healthcare, crime or taxes.
To support the trust of consumers, the European legislature has issued a number of directives that restrict the collection and processing of data. On the one hand these regulations mean better protection, on the other hand they mean less possibilities for direct marketing. It is all about striking the right balance between privacy protection and the justified interests of direct marketeers.
SOLV assists its clients in finding that balance. We advise on complex links of personal files, international data traffic and possibilities for email marketing.
Would you like to find out more? Please contact Thomas van Essen.
Media and information law
Information is 21st-century gold. Whereas the economy used to be about commodity trading, nowadays information is highly valuable and subject to countless transactions a day. At the same time, we are swamped with information. Reuters research shows that online information and email are considered the most important means to survive the ‘information overload’.
Information law is the umbrella term for several legal fields on the protection and use of information. Media law covers not only press and broadcasting regulation but also freedom of expression, for example.
Information law is moving continuously. The boundary between protection of information on the one hand and freedom of information on the other needs constant adjustment. Does the Internet imply greater freedom? Do offline rules also apply in the online world? At SOLV we deal with these issues on a daily basis.
ICT is here to stay, in our daily lives as well as in our business dealings. ICT not only assists us in our communication and administrative processes but increasingly becomes a substitute for human actions. Human actions such as order picking, performing surgery and in the future perhaps even rendering judgments by using artificial intelligence. The increasing complexity of technology itself results in a growing complexity of legal ICT matters as well.
Disputes concerning the implementation of ICT projects generally arise from differing expectations. With regard to the functionality to be delivered, the supplier and the purchaser may not always be on the same wavelength. Problems like these may be prevented – or at least mitigated – by proper drafting of the underlying ICT contracts. Not only should the contents be clear, the structure is equally important. Phasing projects, defining milestones as well as deliverables and introducing specific methods for consultation and decision-making make extensive projects more manageable.
We are highly experienced in drafting and reviewing voluminous ICT contracts. We do not stick to the legal framework but tend to look further. We anticipate and participate. In addition to this, we are skilled in drafting and reviewing licence, escrow and outsourcing agreements, SLAs and general terms and conditions, as well as conducting and advising on legal proceedings regarding ICT disputes.