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What vests and doesn't vest in the trustee in bankruptcy—checklist

What vests and doesn't vest in the trustee in bankruptcy—checklist Asset Vests in the trustee in bankruptcy? Comments Reference The bankrupt's (their family's) primary/sole residence Yes (but for a limited time only) The asset will only vest in the bankruptcy estate for a period of three years beginning on the day the bankruptcy order is made. Section 283A of the Insolvency Act 1986 (IA 1986) Freehold property Yes Where the bankrupt holds an interest in land, that interest will vest in the trustee in bankruptcy (trustee). IA 1986, ss 283(1) and 436 Leasehold property Varies Apart from a few exceptions, leasehold property will vest in the trustee.The exceptions are certain statutory tenancies as set out in IA 1986, s 283(3A), but the trustee can claim even these by service a notice. IA 1986, ss 283(1), 283(3A) and 308A Money/cash Yes To the extent the bankrupt holds any money/cash at the time the bankruptcy order is made, that will form part of the bankruptcy estate and vest in the trustee....

Contractual considerations for the procurement of artificial intelligence—checklist

Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...

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Websites and the internet—issues to consider—flowchart

Websites and the internet—issues to consider—flowchart This is a Flowchart showing how to address regulatory and contractual issues when building or operating a website. It addresses domain name and intellectual property issues, e-commerce, distance selling and similar regulations, online advertising rules and data privacy. The Flowchart then references relevant contracts to develop or host websites or legal terms to include within websites. Finally, it also covers how to address disputes relate to websites, such as cybersquatting and online defamation. Step 1—overview Step 2—intellectual property and brand considerations Domain names and brand protection Other intellectual property rights Transferring rights in websites Practice Note: Domain names—background, registration and dispute resolution Practice Note: Intellectual property rights considerations for websites Practice Note: Uniform Domain Name Dispute Resolution Policy (UDRP) process Practice Note: Copyright―protectable works Practice Note: Licensing intellectual property rightsAssigning intellectual property rights Practice Note: Nominet Dispute Resolution Service (DRS) Practice Note: Copyright in databases and database right Precedent: Online brand protection—training materials Practice Note: UK...

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Database right—permitted acts and remedies

The Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032 implemented the EU Database Directive by introducing changes to UK copyright law as it applied to databases. CRD 1997 confers copyright protection only on those databases that arise out of the author’s own intellectual creation.CRD 1997 also brought in a unique or sui generis right—the database right. Unlike copyright, this applies regardless of whether the database is an intellectual creation as long as there has been sufficient ‘investment’. Copyright protection in a database and database right are independent rights. For further reading on copyright in databases and the database right, see Practice Note: Copyright in databases and database right.As EU-derived legislation, CRD 1997 continues to apply in the UK as assimilated law. Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL to assimilated law reflects a change in its status and treatment under UK law, in that it is to be interpreted according...

Database right infringement

Database right is a property right, first introduced in the UK by the implementation of Directive 96/9/EC (EU Database Directive), in a database where there has been substantial investment in obtaining, verifying or presenting its contents. Examples of what constitutes a database include: a hard copy or electronic encyclopedia; collections of data on websites; the intranet; a spreadsheet that records a database and a pdf document of such a spreadsheet (see the Forensic Telecommunications Services Limited case); and a document management system. The EU Database Directive was implemented in the UK by the Copyright and Rights in Databases Regulations 1997 (CRD 1997 or Database Regulations 1997), SI 1997/3032. Database right is infringed by extraction or re-utilisation of all or a substantial part of the contents of the database without the consent of the owner of the right. Not all databases are protected by the database right. The only ones that are protected are those in which there has been substantial investment. Retained EU law (REUL) is a legal concept describing...

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Rights in databases—training materials

Rights in databases—training materialsThese training materials consist of template PowerPoint slides that can be used as the basis of one or more training seminars on issues arising in relation to protecting rights in databases. It is anticipated that those providing training will use these slides as a helpful starting point for their presentations and then amend them accordingly to reflect their particular circumstances.The training materials are customisable.Click the link below to download the presentation.Contents•Terminology•What is a database?•Protection available to databases•Copyright protection•General copyright protection•Database copyright•Sui generis database right•Database right infringement•Confidential information•Data protection•Practical tips•SummarySummaryThis seminar covers the principal areas of copyright and database right protection for databases. It is based on UK law.Purpose of slides/seminarThe slides are intended for those who are new to the area of law rather than a specialist audience. It is anticipated that these slides may be used as part of a wider training project to inform new starters, trainees or clients about

Literary rights option agreement

Literary rights option agreement This Agreement is made on [insert date] between the following parties (each a ‘party’ and together the ‘parties’): Parties 1 [insert Company name] a company incorporated in England and Wales whose registered number is [insert Company number] and whose registered office is at [insert registered office] (the Company); and 2 [insert Author name] of [address] (the Author). Background (A) The Author is the owner of the worldwide copyright in the literary work published by [name] entitled [title] (the Work). (B) The Author has agreed to option and assign to the Company certain rights in and to the Work subject to the conditions and for the consideration set out in this Agreement. The parties agree: 1 Definitions and interpretation 1.1 The following definitions apply in this Agreement: Act • means the Copyright, Designs and Patents Act 1988; Final Budget • means the above and below the line production budget of the applicable Production (as approved by the financiers of...

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Can a company own the outputs (intellectual property) from pre-contract discussions?

Can a company own the outputs (intellectual property) from pre-contract discussions? In the UK, intellectual property (IP) rights arise either: • when registered with a government authority, for example UK trade mark registrations are registered at the UK Intellectual Property Office, or • automatically, for example copyright and database right protection are established when certain formalities are satisfied Different types of intellectual outputs are protected in different ways, regardless of whether they form part of pre-contract discussions or are otherwise created. IP outputs that may be applicable to pre-contract discussions include literary creations (which includes software) which might attract copyright protection, technological inventions that may be protected by patents (once registered), and the external appearance of an object (designs). For further reading, see the following Practice Notes: • Introduction to trade marks • Introduction to patents • Introduction to copyright and associated rights • Introduction to designs When parties collaborate on creative projects, complex questions may arise about the ownership of any resulting IP. Where parties have...

When is it lawful to link to other websites?

When is it lawful to link to other websites? Linking and copyright protection Website owners and those using the Internet commonly now link either to another website's home page or to a page situated away from the home page, deeper into the website. Website pages will usually benefit from copyright protection and may be protected by other intellectual property rights. Linking, which creates a copy of a website page on the receiving user's computer when the link is opened, may result in copyright, database right and/or trade mark infringement, passing off and breach of terms and conditions of use of websites. This Q&A deals with legal issues regarding linking to and from websites. There are technical measures such as specialist software available to companies seeking to limit or monitor linking, the details of which are beyond the scope of this note. Potential pitfalls The Internet is all about linking and most website owners want you to link to their content. However certain content rich business...

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UK Competition law—daily round-up (14/03/2025)

A round-up of UK competition law developments, including (amongst other things) the CMA’s decision to launch a consultation on its proposed replacement of the Technology Transfer Block Exemption Regulation with a new UK block exemption order.

Court rejects summary judgment application in generative AI dispute (Getty Images (US) Inc v Stability AI Ltd)

TMT analysis: The Court rejected Stability’s application for summary judgment or strike out of parts of Getty’s claim concerning Stability’s image-generation AI, Stable Diffusion. Getty pleaded only an inference of primary copyright and database infringement in the UK, based on members of Stability’s team residing and working there. However, Getty’s claim has a real prospect of success because of evidence potentially pointing to UK acts, unanswered questions and inconsistencies in Stability’s evidence and the potential impact of disclosure. Further, the trial judge should decide whether ‘article’ for the pleaded secondary copyright infringement claims covers software, since this was a novel question and not straightforward. Getty was also allowed to amend its pleadings. As well as illustrating the challenges of obtaining summary judgment or strike out for a claim based only on an inference, the judgment contains clues as to Stability’s litigation strategy in a case where, almost a year in, it is yet to file a defence. Written by Matt Hervey, head of Artificial Intelligence Law at Gowling WLG.