These technologies have revolutionised business bringing new opportunities but also many potential pitfalls.
Intellectual Property Rights are central to the conduct of business on-line, principally featuring trade marks and copyright. Trade marks are relevant as corporate and product or service brands are used on-line to identify businesses (as simple names and as domain names and URL’s), products and services (which can also be hypertext links, domain names and URL’s). Copyright is relevant to rights claimed in any literary work or artwork used in websites, or software downloaded via websites. Jurisdictional questions as to which national court or law should apply can also arise. There are other issues which arise as a result of the use of these technologies, including:
Advertising: It is common for websites to carry advertising for products or services . . .
Contractual Issues: All e-commerce transactions will be subject to terms and conditions to which the purchaser of the goods or services will have agreed. Whenever a dispute arises those contractual terms will inevitably play their part in that dispute. Where English law applies the terms and conditions of such contracts will be subject to case-based law and UK regulatory legislation, as well as European Union legislation such as the E-Commerce Directive (in the case of Internet Service Providers). Alternatively, the laws and jurisdiction of a foreign court may apply. Decisis can advise and assist businesses in understanding and responding to these issues.
Defamation: This relates to the publication of statements causing damage to reputation . . ,
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