INFORMATION TECHNOLOGY LAW
Many of GCI GLOBAL'S clients are Internet-based, e-commerce companies or additional companies that utilize websites. Internet companies present unique legal challenges: drafting electronic contracts, protecting against universal jurisdiction, addressing privacy issues and attending to distinctive intellectual property concerns. The firm routinely advises clients with regard to these legal matters. Nevertheless, in the final analysis, an online business is still a business; it has similar corporate, employment and intellectual property concerns as a traditional brick-and-mortar entity. The firm endeavours to tailor its representation to address the standard legal challenges that all businesses face, while at the same time meeting the unique needs of online commerce.
Information technology law is a related practice area. Our firm has significant experience representing software development and technology companies. In addition, it has represented companies that sell computer-based technology worldwide. The firm has handled international legal matters, such as software development projects in Europe and United States, as well as the sale of high technology in Europe, United States, the Middle East and Asia.
Our firm's practice in the Information Technology areas include:
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Formation of online businesses such as limited liability companies, corporations and non-profit companies
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Legal disclaimers for websites, including terms and conditions, privacy policies and online sale or license agreements
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Domain registration disputes
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Intellectual property filings to protect a website, including copyright registration and trademark/trade dress registration for protectable aspects of the website
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Custom software development and licensing agreements
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Legal aspects of online marketing
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Issues related to various statutory provisions
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Online copyright and trademark infringement
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Cyber squatting and other domain name disputes
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Online defamation and First Amendment rights
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Technology joint venture agreements
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Software consulting agreements
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Intellectual property filings to protect software, including the underlying source code
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Purchase, sale or license of proprietary technology
Copyright Registration :
Copyrights protect the expression of an idea. That can be anything from the words used in a website to its colors, graphics and pictures. We prepare and file copyrights with the United States Patent and Trademark Office for our clients, providing them with national protection.
Trademark and Servicemark Registration :
A trademark applies legal protection to the words or picture associated with a given manufacturer or source of a product, and a servicemark protects the words or picture associated with a service. A good example is a logo that is stamped on a product or a name used to identify the product or service in commerce. We routinely file trademark and servicemark applications with the Patents and Trademark Office throughout the world. We also address objections to the application and seek to obtain registration for our clients, subject to them. We also represent clients in litigation and enforcement pertaining to online infringement of trademarks and servicemark.
Computer Hardware and Software Sale, Lease and License Agreements :
We have formed many companies that create, sell and/or license software. We have negotiated such agreements for both the buyer and the seller (in different transactions). Our practice also involves reviewing and preparing terms and conditions for the purchase of computer hardware and software. There are very important clauses that must be included in a software license agreement; there is no such thing as a "standard" contract. Each matter raises its own unique issues.
E-Commerce:
We are fully familiar with the various laws and statutes that govern e-commerce, and what is needed to help protect and run an online business. In fact, some of our clients conduct transactions solely over the Internet. We advise clients as to the development of online purchase order terms and conditions, privacy policies, website advertising and online content.
Website Disclaimer:
Every website should include some level of disclaimer language. This is important for such things as preventing the owner of the website from submitting to the jurisdiction of other States and to disclaim liability for representations made on the website. We have very affordable web site disclaimers that we can tailor to the needs of our clients.
Cybersquatting Law :
Cybersquatting Law seeks to prevent people from utilizing Internet domains that dilute or otherwise infringe on the intellectual property of others. We can help our clients comply with that law, and we can also bring claims on behalf of our clients against people who do not comply with its requirements.
Child Protection and Obscenity Enforcement Act :
In 2005, Child Protection and Obsenity Enforcement Act became a binding law. It requires any person that posts an adult website to take precautions to ensure that no underage persons are depicted. The requirements of the law are complex, and they mandate that certain identifying information be maintained with a custodian or records. In appropriate circumstances, our firm will advise clients as to compliance with this law. Our clients are from all the parts of the world where this law is implimented in one way or the other in the form of various legislations drafted in accordance with the reuirements of the society but the basis issue of protection of children and minimisation of obsenity remains universal.
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