IP Contract Services

When it comes to protecting your intellectual property rights, not all contracts do the best job. Using a standard contract means there is ample opportunity for missed protections and exclusions. Drafting and agreeing to a contract is just the start — it’s the implementation and understanding of the contract that’s key, and you are very much at the centre of that process. Briffa’s expert solicitors have been helping clients protect their IP rights since 1995. You can rely on us for expertise and experience with contract drafting and reviews.

Website-Related Agreements
There are many types of website-related IP rights contracts you may need to implement depending on your service offering. Briffa can assist with everything from acceptable use policies that ensure employees are educated on acceptable behaviour to domain name and hosting contracts, and outsourcing agreements for contractors and affiliates. We offer experienced legal advice and drafting on all areas of website agreement.

Software, Content, Photography and Media-Related Contracts
There are many different types of agreement required for software and content services, including distribution contracts, software development contracts, collaboration agreements, revenue share agreements and publishing agreements. You can count on our IP rights contract lawyers whenever you want to secure the best deal, get your contract right and save money, time and stress.

Commercial Contracts
Briffa is highly experienced in the drafting of sponsorship contracts, confidentiality agreements, email marketing contracts, web development contracts, copyright-related contracts, a wide range of shareholder, business partnership, investment or joint venture agreements. We can assist you with everything from the sale or purchase of a business to crowdfunding agreements.

Important and/or higher value contracts should always be very carefully considered, but most contracts often share the following important clauses (although the content of the clauses will differ):
• Duration of agreement
• Services and commitments
• Payment terms
• Jurisdiction
• Default events
• Termination of the contract
• Disclosure of information and data
• Warranties and/or indemnities

• Exclusivity or not? Is the licence limited to jurisdiction or territories, or fully international?
• What exactly is being licenced?
• Cost and payments — one-off, annual or royalty-based licence fees? What provisions should there be relating to information sharing and user monitoring so that the licensor is notified about important data?
• Can the licensee sub-licence? The licensee may wish to sub-licence the Intellectual Property rights. English law does not recognise an automatic right to sub-licence, so express provision should be made in licence agreements. Where the licensee then grants a sub-licence to a third party, consideration should also be given to what happens if the head licence is terminated. Does the sub-licensee lose or retain their rights?
• Is the licensee permitted to assign (sell) the software licence? If so, on what conditions and with what restrictions?
• Duration of the arrangement — will it be for a fixed term and can it be extended? If so, on what conditions, and can it be ended early?
Conditions for the continuation of the licence, e.g. sales targets.
• Early termination reasons, events of breach, liability associated rights and costs, and mechanisms to resolve any disputes.