In business even the best laid plans do not do not always go according to plan and sometimes this may lead to a dispute with another party. At JMS Solicitors, our specialist team can advise and help to find a solution to resolve such disputes.
Our approach when advising you is refreshing, impartial and our objective is to achieve dispute resolution whilst protecting your best interests at all times.
Call today and one of our team will discuss your situation with you:
Here are just some of the areas of dispute that we can advise you on:
At JMS Solicitors we understand how important IT has become to many businesses. Whether you are sole trader who only uses a computer to produce invoices to a web only business that is wholly dependent on IT, JMS Solicitors can advise and assist on ensuring that you have the best possible agreements in place with IT providers. Or if you are the IT provider requiring an agreement or contract JMS Solicitors can help.
However should you have a dispute JMS Solicitors can help in working towards a dispute resolution.
Call JMS Solicitors today to discuss your requirements:
JMS Solicitors can provide advice and legal services whether you are the end user or the product or service provider. Areas of legal services we provide are:
JMS Solicitors can advise on:
JMS Solicitors can advise and create:
JMS Solicitors can support you in:
Intellectual Property (or IP) has become important more recently due to increased public accessibility to products, services and knowledge. Whatever size of business you run you will own some form of Intellectual Property, which you may or may not be aware of until your ownership of it may be under threat.
Intellectual property may exist in many parts of your business and at JMS Solicitors we are able to help and advise in the following areas:
Whatever size of business you operate you will have some form of confidential information which is vital to the success of your business. Protecting your confidential information has become more important with the increasing public accessibility to information in the public domain and a breach could have damaging and longlasting consequences for your business.
What constitues as confidential information is vast but more obvious examples would be a secret recipe for a particular food or beverage or a secret manufacturing process. Less obvious might be a specific contract with a supplier or client. This information in unauthorised hands could be highly detrimental to your business.
Whether you are looking to protect this information through contractual agreements with employees, agents or third parties, JMS Solicitors can advise and assist with this process.
Copyright Law protects the author or creator of a work from having their work copied and it is immediately implied without a need to register the work.
What constitutes as work may be writing a book, article or essay or artistic creation of music, painting, sculpture but less obviously it could be a website, company logo, photograph, design drawings or a database. Protection can last anywhere from 15 years to 70 years dependent on the type of work.
If you would like advice and assistance in protecting your work against copyright infringement then contact JMS Solicitors to discuss your situation.
Database rights protect resource and capital invested by businesses in setting up and maintaining databases. Databases can be a Content Management System (CMS), Intranet, Inventory Systems, Purchase Order Systems and Websites and many more.
Database rights last for 15 years but if Copyright is more applicable then protection could be 70 years.
If you would like to discuss the protection of your database, please call JMS Solicitors for advice and assistance.
Design rights encompass four separate rights:
Design rights protect a 2 or 3 dimensional shape from being copied. A registrable design right allows the holder exclusive rights to stop the use of the design on any products for a period of 25 years subject to renewal fees being maintained every 5 years.
Unregistered design is similar to copyright law in that the creator has to prove that their design has been copied. This can be direct copying or inferred copying where the similarities are such that the products are indistinguishable. Unregistered design rights can subsist for 10 years or 15 years.
For advice and assistance on Design Rights please contact JMS Solicitors to discuss your situation.
A Trademark is a name, logo or drawing which is used to represent a connection during trading between a business and its product. Many well know brands have their names and logos trademark protected such as Coca-Cola® and Nike®.
There are 42 different classes in which trade marks can be applied and to secure the best protection you may need apply in more than one class.
Trademarks do not have a fixed lifespan and can be every 7 years as long as renewal fees are paid.
For further information and assistance with registering your Trademark please contact JMS Solicitors.
As with matters regarding divorce, matrimonial property and wills the 1980 Rome Convention was drawn up to harmonise the rules governing law applicable to contractual obligations in member states of the European Union.
For non-contractual obligations, Rome II regulations addresses conflicts of law in these matters.
For contractual obligations:
In certain circumstances courts of several member states may have jurisdiction over a claim. This presents the risk that either party may seize the court of a particular country that they feel will most favourable for their claim as opposed to the court best placed to settle the dispute, e.g. evidence needed is concentrated in that country.
By working towards European Union countries applying the same law to the sane international contract, the European Union is reducing this phenomena.
The rules of the Rome Convention are in force on all member states including Denmark and the premise is to provide freedom of choice, whereby parties choose the law applicable to their contract, even if it is unrelated to the subject of the contract and they may also change their original choice at any time.
Where parties have not chosen which law should be applied to their contract it will be governed by the law of the country with which there is the closest connection. Generally this means in the case of a sales contract, that the country where the ‘seller’ is habitually resident*governs the law applicable to the sale contract. However the court may choose to apply different law if finds that such a law is more closely connected to the contract in question.
(*Habitually resident is not defined but based on fact and said to mean residence which is being enjoyed for the time being and with the settled intention that it should continue for some time)
The Rome Convention contains special rules to protect the weaker parties, e.g. employees and consumers. Even if the contract specifies that a particular law is to be applied a consumer or employee cannot be denied protection of mandatory rules of the law normally applicable to them.
If a law has not been specified in a contract then in the case of a consumer contract is governed by the law where the consumer is habitually resident and in the case of an employment contract the country where the employee normally works or, if no such place, the country where the employer is based.
In June 2008, Rome I regulations were passed and rules governing contractual obligations will apply to contracts concluded after 17 December 2009.
For non-contractual obligations:
Rome II harmonises conflicts of law rules for non-contractual obligations and determines law applicable in international situations such cases of personal injury, product liability and environmental damage.