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Course Overview Modern technology now enables companies to hold vast databases, but with the compilation and maintenance costs involved, the procurement of IT systems on a global scale – storing and processing masses of data – is becoming even bigger business, and the contracts which cover this procurement are becoming more and more complex. Along with copyright protection, the competition regime and the latest issues such as data protection and human rights, spam and distance selling, doing business in the industry as a supplier or a user has become highly fraught with legal entanglement. This conference will examine the major problem areas, many of which are controversial, and will give clear advice and guidance on how to tackle the potential pitfalls. Audience - In-house lawyers
- In-house lawyers in IT companies (whether hardware or software manufacturers, IT or FM service suppliers)
- Lawyers in private practice
- IT directors
- IT procurement specialists
Skills Gained Attending this conference will ensure that you: - Understand how the latest thinking on IT procurement and contracting
- Are updated on the latest marketing and UK and EU competition issues that could restrict or advance your future business plans
- Are fully aware of current issues in outsourcing including transformational outsourcing
- Understand how current laws affect you and your key staff’s rights and duties
Course Outline Chairman's introduction - Why new technology contracts provoke so many disputes
- What we can do about it
- What's new in information and communications technology law
Data protection and privacy - Data protection and hosting/outsourcing
- Transborder data flow issues
- Data protection and websites
- Email marketing regulations
- Case law update
Information technology and intellectual property rights - An analysis of recent IT/IP case law and its practical application
- Patents and software - what is the current position?
- Protection IP rights in IT and online contracts - key clauses
Technology transactions - recent developments - How technology contracts work
- Current issues in (out) sourcing
- Employment (TUPE) issues
- Other regulatory issues
Marketing and competition issues – EU and UK - Particular features of competition law and IT/software markets
- Competition law and distribtion of software and services - vertical restraints
- Competition law and licensing - technology transfer
- Recent cases in the following areas:
- excessive pricing
- refusal to deal/license
- tying/bundling
- discrimination
Licensing and technology transfer – the contract from hell In this interactive session, delegates will divide into groups and consider a vendor's contract: - Needs analysis
- Acceptance procedures
- License and use
- Maintenance and support
- Warranties and undertakings
- Limitations of liability
- Indemnities
- Escrow
IT and employment - Internet and e-mail policies
- Employers’ rights and obligations
- Regulation of investigatory Powers Act (RIPA) - confidential information
- Freedom for Information Act (FOI) - reducing the risks of exposing confidential information
IT disputes update - Current case update – practical lessons from Co-op vs ICL and other recent decisions
- ADR – negotiation, arbitration and mediation; including recent decisions on costs
- Practical tips of success in IT disputes
- Questions and answers
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