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The application software sector is undergoing considerable consolidation. Those that succeed do so, either through significant scale and territorial advantage, or by using innovation to plug a gap in an already crowded market. This is achieved via international sales channels using clear and unambiguous contracts, as well as by vigorous protection of intellectual property rights on a global scale.

As a leading European technology law firm, Osborne Clarke advises numerous application software suppliers on a wide range of commercial issues. Intellectual property is the key to competitive edge for many suppliers and we specialise in advising on the protection and enforcement of IP rights, including copyright, patents and know-how.

We also advise on development agreements, third party license agreements, and encryption. In terms of routes to market, we negotiate channel agreements, such as OEM, reseller and VAR arrangements, partnering agreements and concluding customer licenses and service level agreements. In addition, we advise on the growing trend in the delivery of applications by hosted and ASP service models.

In particular, we have extensive experience of advising companies and leading venture capital houses on corporate structures and funding rounds. This includes strategic acquisitions (M&A) and flotations (IPOs) on the UK Stock Exchange, AiM and full lists.

Defending IP is crucial in this sector and we regularly act to enforce IP rights on behalf of software suppliers, both in the UK and internationally. We also handle disputes arising from customer agreements, for example, from failure to perform according to specification or limitation of liability issues.

Examples of our recent experience include:
  • providing advice to IDX Systems Corporation
  • representing Adobe Systems Inc in a reported licensing dispute relating to the scope of Adobe's license to use AGFA Monotype's typefaces

Simon Rendell
t +44 (0)20 7105 7020
simon.rendell@osborneclarke.com

clients:
  • Adobe Systems Inc
  • Cramer Systems Ltd
  • IDX Systems Corporation
  • Kewill Systems plc
  • Open Text Corporation


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