SaaS is the abbreviation for “software as a service”. You may know this under another name, for example subscription agreement, software on demand, software subscription agreement, cloud computing or ASP services (application service provider). These names all refer to the same thing – software being made available via the Internet to users.Continue reading
The issue of software patents has recently been highlighted by a proposal to change German patent and copyright law. The proposal recommends preventing computer software being registered as a patent, arguing that computer software should only be protected using copyright law, as this is sufficient to protect a software developer’s rights. In light of the current German proposal, below is a brief summary of patent and copyright law in relation to SaaS software in the UK, Germany and non-EU countries.Continue reading
When negotiating a SaaS agreement you will come across the terms source code, object code and open source. What is the difference if any between source code, object code and open source?
Source code is the version of a computer programme (SaaS software) that exists prior to the software being ready to compile and run on a computer. The source code consists of a number of statements created in a text form by a programmer. These statements are saved in a named file and are called the source code.Continue reading
When negotiating a SaaS agreement you will come across the term intellectual property, IPR or intellectual property rights. It is important to protect your IPRs in the SaaS agreement to prevent any transfer of ownership in your IPRs and to limit the use of your IPRs by a SaaS customer.Continue reading
The Advocate General ruled that the functionalities of software are simply “the service which the user expects” from the computer programme. For example, when using software to book an airline ticket the functionalities of the booking process will be the same regardless of which company’s software you use. Such services cannot be protected by copyright. However, what can be protected by copyright, is the means by which the functionalities are achieved as this reflects the author’s own intellectual creation. Protection will depend upon the degree of originality in the writing of the software.Continue reading
In order to register a community trademark an application must be made to OHIM in Spain.The application can be made in English or any other EU language and OHIM will translate the application into a second EU language of your choice. One registration will cover the registration of the trademark in all 27 EU member states.Continue reading
The following legal issues should be included in any ASP or SaaS agreement, whether you are a SaaS supplier or a SaaS customer.Continue reading
About Us/Contact Information. You must provide the following information in an easily accessible position on your web site:
* your legal name i.e. XYZ Ltd
* your geographical address
* contact details i.e. telephone number, fax number and email address
* which country your business is registered in and the registration number
* details of any supervisory body which regulates your business i.e. the FSA. For regulated bodies more detailed information is required.
* where you are registered for VAT and your VAT number
* clear details of prices and whether or not delivery and/or tax is included