Intellectual Property & Confidentiality

  • IP is the key asset for modern businesses. Book an invaluable 60 mins specialist consultation to receive detailed strategic advice on how to match your IP spend with your long-term strategy. View our IP Strategy LawChat - Business is about priorities, not just spend! post to find out how you can benefit from this LawChat.
  • A Privacy Statement is a statement made to a Data Subject e.g. customer that describes how the business/ organisation ‘processes’ i.e. collects, uses, retains and discloses their Personal Data. A Privacy Statement is sometimes referred to as:
    • a privacy notice; or,
    • a fair processing statement; or
    • a privacy policy.
    The GDPR requires that privacy statements contain certain information and there is a lot of it so it may end up being the longest policy (or set of terms) that you have on your website. Solutions for making privacy statements easier to navigate and more concise include layering them. There is a note about this at the forefront of the template itself in red capitalised font. This Privacy Statement is only for a website (and an App if required).
  • IP is the key asset for modern businesses. Book an invaluable 30 mins specialist consultation to receive detailed strategic advice on how to match your IP spend with your long-term strategy. View our IP Strategy LawChat - Business is about priorities, not just spend! post to find out how you can benefit from this LawChat.
  • Book a 15 minute Intellectual Property & Confidentiality LawChat.
  • This agreement should be used where a company agrees to pay a marketing Affiliate which has joined its affiliate program network, an Affiliate Commission payment at the agreed Commission Rate where that Affiliate promotes the company’s products and/ or services online and those promotional activities result in a potential customer clicking through to the company’s website where the purchase can be completed resulting in a “Qualifying Transaction”. This agreement relates to the sale and download of an App but it can easily be tailored to relate to something else. Companies normally affiliate when an arrangement is agreed to work together for their mutual benefit. One company might have a product or service that would compliment the product and service of another company. Rather than trying to compete against each other, it may make sense for both companies to agree to work together in order to maximise profit to be shared between them.
  • For use when two parties are providing each other with information that is confidential and of a sensitive/ commercial nature. By signing this agreement the recipient person or company is agreeing that they will not use any such confidential information outside the scope of the agreement to their advantage either by competing directly with the other party or by approaching the other parties’ clients in an attempt to obtain their business.
  • For use when asking an adult to provide the Company with a Contribution whether that be an interview, a photo, other copyright materials or some other Contribution. By signing this consent form the Contributor is giving their permission for their Contribution to be used for the Project (as defined). The Contributor is also agreeing that the Company will own the full legal rights in and to this Contribution (in law, this is called assigning (as opposed to licensing)). This means that the Contributor has given their permission to the Company to do as it wishes with the Contribution. The Contributor shall not claim copyright ownership in respect of the Contribution nor any royalties arising out of the Company’s use of the Contribution.
  • For use when asking an adult to provide the Company with a Contribution whether that be an interview, a photo, other copyright materials or some other Contribution. By signing this consent form the Contributor is giving their permission for their Contribution to be used for the Project (as defined). The Contributor is not giving away its full legal rights in and to this Contribution (in law, this is called assigning). Instead, the Contributor is granting a licence to the Company. This means that the Contributor has granted certain licensed rights to the Company in respect of the Contribution and the Contributor shall retain copyright ownership.
  • To be used when a business agrees to allow another party to assume ownership of its intellectual property for a fee. In law this arrangement is called assigning.
  • This agreement should be used in situations where two parties wish to discuss e.g. the prospect of working together at some point in the future and as a result of this, one of the parties will be disclosing confidential information relating to it and its business to the other recipient party. This agreement sets out the understanding that the recipient party will not use the disclosing party’s confidential information unlawfully to their own benefit. It also makes clear that the recipient shall not divulge any sensitive/ commercial information about the other to a third party during the Term when the obligations of confidentiality subsist. Note that a Non-Disclosure Agreement (otherwise known as an NDA) is merely a pre-cursor to a main agreement (e.g. a Services Agreement (Order Form and Basic Terms)) and merely protects confidential information (however that may be defined therein) and does not represent anything more than this. However, it is essential especially where discussions and disclosures are of a confidential nature and do NOT progress in to a working and contractual relationship thereafter for whatever reason.
  • This agreement should be used in situations where two parties wish to discuss e.g. the prospect of working together at some point in the future and as a result of this, both parties will have access to confidential information relating to the other due to each of the parties disclosing confidential information to the other. This agreement sets out the understanding that neither company will use the other’s confidential information to their own benefit. It also makes clear that neither company will divulge any sensitive/ commercial information about the other to a third party during the term when the obligations of confidentiality subsist. Note that a Non-Disclosure Agreement (otherwise known as an NDA) is merely a pre-cursor to a main agreement (e.g. a Sale of Services (Master Services) Agreement or a Services Agreement (Order Form and Basic Terms)) and merely protects confidential information (however that may be defined therein) and does not represent anything more than this. However, it is essential especially where discussions and disclosures are of a confidential nature and do NOT progress in to a working and contractual relationship thereafter for whatever reason.