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MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Contractual considerations for the procurement of artificial intelligence—checklist

Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...

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Websites and the internet—issues to consider—flowchart

Websites and the internet—issues to consider—flowchart This is a Flowchart showing how to address regulatory and contractual issues when building or operating a website. It addresses domain name and intellectual property issues, e-commerce, distance selling and similar regulations, online advertising rules and data privacy. The Flowchart then references relevant contracts to develop or host websites or legal terms to include within websites. Finally, it also covers how to address disputes relate to websites, such as cybersquatting and online defamation. Step 1—overview Step 2—intellectual property and brand considerations Domain names and brand protection Other intellectual property rights Transferring rights in websites Practice Note: Domain names—background, registration and dispute resolution Practice Note: Intellectual property rights considerations for websites Practice Note: Uniform Domain Name Dispute Resolution Policy (UDRP) process Practice Note: Copyright―protectable works Practice Note: Licensing intellectual property rightsAssigning intellectual property rights Practice Note: Nominet Dispute Resolution Service (DRS) Practice Note: Copyright in databases and database right Precedent: Online brand protection—training materials Practice Note: UK...

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An introduction to the World Trade Organization

An introduction to the World Trade Organization What is the World Trade Organization? The World Trade Organization (WTO) provides the institutional and legal framework for trade between Member States. As such it administers the agreements agreed by Member States of the WTO. In addition, it also settles disputes among Member States, monitors Member States’ compliance with the various agreements and functions as a negotiating forum for all manner of trade related issues. The WTO had its inception on 1 January 1995, but its history dates to 1948 when, the General agreement on Tariffs and Trade of 1947 (GATT 1947) was agreed. Over numerous subsequent rounds of negotiations, in 1994, Member States agreed, in Marrakesh, to the Marrakesh Agreement Establishing the World Trade Organization (Marrakesh Agreement). The Marrakesh Agreement established the WTO and provides the institutional and legal framework for the multilateral trading system. There are also four annexes to the Marrakesh Agreement which are complemented by certain decisions and declarations. In total the legal texts consist...

Practical considerations when arranging an international franchise—checklist

Practical considerations when arranging an international franchise—checklist This Checklist sets out the practical considerations for a franchisor when setting up an international franchise business. A franchisor may want to expand its network overseas to exploit new territories and developing markets usually by entering into an international franchise agreement or an international development agreement. However, the agreement and the set up of the international arrangement may also create challenges. This Checklist sets out some of the practical issues that a franchisor planning to expand overseas might face. Issues • The franchise agreement will provide that the franchisee must operate the business in accordance with the franchisor’s operations manual. However the business method as set out in the operations manual may not have been tried and tested in the overseas territory. The business method will have been created on the basis of certain assumptions that are relevant to the local market. A franchisee may therefore find it difficult to implement the business method in the overseas territory based upon existing assumptions. •...

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Intellectual Property Rights (IPR) Schedule

The ScheduleIntellectual Property Rights 1 1.1 [ Copyright works Description of Copyright work Nature of work (eg literary, artistic, databases, etc) Date of creation of work (if already created) [Insert details] [Insert details] [Insert details]

Warranty limitations—pro-seller—share purchase agreement

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...

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Is it legally possible to ‘pass through’ warranties and indemnities from a third party software licensor to the eventual licensee? If so, how?

Is it legally possible to ‘pass through’ warranties and indemnities from a third party software licensor to the eventual licensee? If so, how? The answer to this Q&A is based on standard contractual principles, rather than any software-specific legislation and focuses on an arrangement under which a licensor of software engages a reseller to distribute software to end-users. Typically, a software reseller will have an arrangement with the licensor whereby either: • the reseller puts in place an end user licence agreement (EULA) between the end user and the licensor. The content (and typically the form) of the EULA is dictated by the licensor and typically the EULA is not negotiated by the end user, or • the reseller enters into a direct sublicence with the end user which flows down the provisions of the reseller’s agreement with the licensor The approach of putting in place a EULA between the licensor and the end user, effectively removing the reseller from the equation, is a common approach adopted by the...

What did the government say in its full response to the Online Harms consultation?

What did the government say in its full response to the Online Harms consultation? Background to the response The Department for Digital, Culture, Media and Sport (DCMS) published the Online Harms White Paper in April 2019. It proposed a statutory duty of care to deal with online harms, ranging from illegal activity and content to behaviours which are harmful but not necessarily illegal. Consultation on the White Paper closed on 1 July 2019. In February 2020, the DCMS published its initial response to the consultation and in December 2020 it published the full response, providing detail of the Online Harms regime. In keeping with the government’s ambition, as set out in the Online Harms White Paper, to make the UK the safest place in the world to go online, the response set out a framework of legislation establishing a duty of care on companies to improve the safety of their users online. This duty is to be overseen and enforced by Ofcom. The regulatory framework will...

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What the future of AI in financial services looks like

Law360, Expert analysis: Artificial intelligence is rapidly transforming the financial services industry. From personalised customer support to improving risk assessment and compliance, AI is reshaping how financial institutions, consumers and markets operate. On 31 October 2024, Sarah Breeden, the deputy governor of the Bank of England (BoE), announced that it had found that 75% of firms now use some form of AI in their operations. While the technology is still evolving, the potential for AI in financial services is wide spanning and will enable the industry to become much more efficient, transparent and autonomous. Katie Simmonds, managing associate, Amy Battinson, solicitor, and Michael Lewis, partner, at Womble Bond Dickinson explore the predicted trends in AI within the financial services sector, highlight the regulatory risks and consider what we can expect over the next year.

Copyright infringement, passing off and malicious falsehood in the context of activism (Samherji HF v Fridriksson)

IP analysis: The High Court granted Samherji’s application for summary judgment in respect of its claims for passing off, copyright infringement and malicious falsehood. The underlying facts of this case are unusual and arise from what Mr Fridriksson considered to be his artistic expression and activism. The court was required to consider Mr Fridriksson’s right of freedom of expression under the Human Rights Act 1998 (HRA 1998) and, in respect of the copyright claim, whether his actions amounted to fair dealing under section 30 of the Copyright Designs and Patents Act 1988 (CDPA 1988). The court concluded that Mr Fridriksson’s defence to each of the claims had no real prospect of success and there was no other compelling reason for the matter to be disposed of at trial. Written by Nicole Bollard, barrister at 3PB.