Newspepper Report - Chinwag and Bootlaw Summer BBQ from Newspepper on Vimeo.

Ian Silcock speaking at Bootlaw in June 2009

On 6th October 2010 we are delighted to welcome back Ian Silcock, an IP barrister at Hardwicke Chambers, to discuss the latest developments in the use (and abuse) of trademarks on the internet. Following various recent European Court decisions, the use of trademarks as advertising keywords is firmly in the spotlight, and Ian is well versed in this complex area of law.

Ian will also speak to us about the use of trademarks in domain names – and issues around reclaiming or defending domain name challenges – as answering as many of your question as possible.

Ian last appeared at Bootlaw in June and July 2009 – when attracted rave reviews from Bootlawyers for his entertaining and educational presentations.

Bootlaw Members can RSVP for this event here

Ian began his career as a barrister specialising in IP litigation in the legal department of The Body Shop Intl Plc. Before commencing independent practice at the bar in 2002, he worked as in-house legal counsel to a global internet and domain name consultancy, and later as technical assistant to a leading firm of patent & trade mark attorneys.

In addition to his legal experience, Ian has a post-graduate degree in computer science, which he obtained with a distinction in 2001, following the award of a scholarship from the European Physics & Science Research Council in the previous year.

Ian’s practice covers all aspects of intellectual property and information technology law, including the law of patents, copyright, designs, trade marks and passing off, as well as aspects of related fields, such as media, music and entertainment law, defamation, breach of confidence and competition law. In the field of ADR, Ian has experience of acting for clients in mediation and in arbitration under the Arbitration Act 1996. He has lectured at the Institute of Professional Representatives before the European Patent Office (epi) in Munich, and is Visiting Lecturer both to the Queen Mary Intellectual Property Research Institute, London, and to the Centre d’Etudes Internationales de la Propriété Industrielle (CEIPI), Strasbourg.

- Woohoo, we've got a new look website!

First came the meetup, then came the website – today we’re pleased to unveil the new look Bootlaw.com.

In December last year we launched our own WordPress site as we wanted to offer more than was possible on a meetup page. We were very fortunate to have some expert help from George Wiscombe in getting this together.

But we felt it was time for a change of pace and style and we’ve been helped out this time by Bootlaw regulars and UX experts, Howard/Baines, who’ve built us our very own customised theme, which gives us the flexibility to do a few things which were a bit tricky in the old theme.  It’s also been set up so we can’t break things quite as easily (although the challenge is tempting).

We’ll continue to add useful content as well use the site to keep you all up to date on our latest adventures in the technology world.  So do drop us a line if there is any content you’d like to see – a topic or an issue you’d like us to write about, we’re always keen to have your input.  Our monthly legal meetups will be back in the autumn, although a bit delayed by travel schedules and other events going on – so we’re aiming for an event in early October. Stay posted!

Yum!

It’s that time of year again when Bootlaw takes a break from dishing out helpful legal advice and instead dishes out tasty BBQ food and drinks – yes, it’s time for our summer BBQ.  This time, on Thursday 26 August, we are running it in association with our good friends at Chinwag as a joint event for Digital Mission alumni.  We’ve been the proud sponsors of four out of five Digital Missions to the US, taking scores of great UK companies to the US, so we’re looking forward to seeing many of them again at this event.

Last year there were some grumbles that there was no sign of a real BBQ – well this year it will be different and we’ve got exclusive use of the 3rd floor plus roof terrace of the stylish pub, the Driver in Kings Cross.

You can sign up via the Eventbrite page or via the form below.

Tickets are priced as low as possible at £15+VAT.  However, there are 50 tickets for Bootlaw members priced at £10+VAT, which will be for the first 50 Bootlawyers to use the special discount code contained in an email sent via Meetup!

This event is open to all, so bring your friends and let’s have a great party to round off the summer!

The Information Commissioner, Christopher Graham - Image via Wikipedia

On 7 July 2010 the Information Commissioner‘s Office  (ICO) issued new guidance relating to the collection of personal data online  following a succession of high profile data losses by public sector and Government departments.

The guidance followed a consultation process which began informally in July 2009, and which included a meeting hosted by us in October 2009.  The formal consultation process ran from December 2009 to March 2010.  Barry wrote about this last month here.

The new Code explains how the Data Protection Act applies to organisations that collect information about individuals online and provides good practice guidance on how to comply with the DPA when collecting and using personal data online.

The Code is divided into sections for useful advice on different areas including:

• How the DPA applies to information processed online;
• Marketing your goods and services online;
• Privacy choices;
• Operating internationally; and
• Individuals’ rights online.

Using the Cloud

The Code also highlights the difficulties in complying with the DPA’s overseas transfer rules especially as UK companies could be required to comply with several different sets of rules when transferring information across international borders. The Code sets out sensible recommendations for business who both use and provide online data storage services.

If your business uses cloud services the Code advises that use of such services must not lead you to relinquish your control of the personal data you have collected and expose it to security risks. It recommends that you enter into a written contract with the service provider and also recommends that the information should be encrypted when it is sent to the provider to avoid interception by hackers.

The Code also recommends that you should do a risk analysis before contracting with an online services company about its ability to look after the information. The Codes sets out the types of questions you should ask a provider when conducting such a risk analysis.
Click here for a full copy of the Code (ebook).
If your business provides cloud based services the Code sets out a list of recommended information you should give to your clients so as not to be at a competitive disadvantage including:

• Providing written guarantees about your security arrangements;
• Guarantee that data will only be processed in accordance with your clients instructions;
• Explain your capacity to deal with serious technological and procedural failures.

The Code also recommends that if you comply with any relevant standards (e.g. security) you should make this clear to potential clients on your website.

The Code also contains a helpful list of things for businesses to avoid to prevent action being taken against them and hints on how to protect privacy online.

We were pleased to see that many of the points raised in our consultation meeting, particularly in relation to the cloud, have been taken on board by the ICO in the Code. The ICO certainly recognises the value of the cloud in assisting businesses to keep their data more, rather than less, secure and companies using reputable cloud services should be reassured by this guidance.

Further guidance for businesses on how to comply with the Data Protection Act is available here.

This is the first in a series of posts where we answer common questions asked by Bootlawyers (or questions we think should be answered by Bootlawyers).  If you have a question you’d like answered here, please get in touch.

A Bootlawyer writes:

Dear Bootlaw,

I work for a web consultancy business.  For some time I have been working on a new web start up which I’m planning to launch in a few months at which point I plan to leave my job and work in my new business full time.  Is there anything I should worry about from a legal perspective at the moment?

Yours faithfully,

Anxious of Old Street.

Bootlaw responds:

Dear Anxious

There are some points you need to consider.  Don’t work on your project in company time.  You could be giving your employer grounds to dismiss you.  If you do you could be laying the foundations for your employer to claim it owns the work you did in the office.  Generally speaking intellectual property created while at work will belong to your employer.  When working in your own time do not use your employer’s resources (computers, stationary etc) this can cause similar problems.

Read your employment contract.  Does it allow what you are doing?  If not, it may be worth raising the question with your boss and getting confirmation that your employer is happy with your extra-curricular activities.

Always respect the confidential information of your employer.  Nothing riles an employer more than an employee misusing confidential information.  If there is any suggestion that such information (including customer lists and prospects among others) is being used in your new business then expect your employer to resort to tough legal action to protect its position.  This is costly to deal with.

Does your employment contract contain a non compete provision or so-called restrictive covenant?  If it does, is what you are doing on the face of it in compliance or in breach of this provision?  If in doubt ask a friendly lawyer.  Employers are apt to react strongly if they believe a clause like this has been broken.

In some cases even when a departing employee sticks to these do’s and don’ts a dispute arises.  More often than not it results from a breakdown in communication.  If at all possible try to keep on good terms with your employer when you leave.  You never know they could be a customer one day.

Good luck!

After 18 meetups of offering something new every time, we thought that we should revisit some of our classic hits for our July meetup.

On 13 July 2010 (NB: it is a Tuesday night) we will be revisiting some of the basics of start up legals. We’ll explain what goes into your articles of association and when a shareholders’ agreement is appropriate. We’ll discuss the essential issues around securing your company’s intellectual property and taking on employees and contractors.

Our approach is all about taking simple steps to avoid expensive errors and making your company attractive to potential investors and purchasers.

As usual we’ll throw in some good real-life examples from case law and some war stories of our own.

If there is anything in particular you’d like us to cover, please let us know when you RSVP, but as ever we are open to all questions on the night and afterwards at the pub.

Bootlaw members can sign up here

6.30pm – Doors open, beer and networking
7pm – Legal bit starts
8pm – Legal bit ends, more beer, pizza and more networking
9pm – Go to pub, by beer for any lawyers present

The BVCA is the leading industry body and public policy advocate for the private equity and venture capital industry in the UK.

The report is the first to capture the overall size of the Venture Debt industry across Europe and was launched to a packed audience of BVCA members at Bootlaw Towers to raise awareness among the UK and European Private Equity industry of the availability and use of Venture Debt.

For those of you who haven’t heard of Venture Debt before. It’s been around since the 1960’s in the US but in Europe it is a more recent phenomenom.

The European Venture Debt industry officially launched in 1998 with the arrival of European Venture Partners (now Kreos Capital).  Since then a raft of other Venture Debt Providers have emerged on the scene including Silicon Valley Bank who entered the EU in 2005 and investments are now approximately US$1.5 billion across the EU.

The report is brimming with detailed facts and statistics about an industry in Europe for which information is not normally easy to obtain.  Of the many interesting facts to emerge the report revealed:

• Close to 400 companies have received venture debt from UK venture lenders of nearly £1 billion [Ed - thats a lot of folding stuff].
• Companies in the internet, biotech and semiconductor sectors had the highest average loan size.
• Companies raising their second round of equity were the No.1 recipient of Venture Debt with only 18 investments made in companies in a Series A round.

The launch event included a panel discussion chaired by none other than our very own Bootlaw supremo Barry, a representative from the BVCA and three leading Venture Debt providers, ETV Capital, Kreos Capital and Noble Venture Finance.  The panel dispelled some of the myths surrounding the Venture Debt industry.

Ending on an upbeat note the panel confirmed that after economic turbulence of 2009 where activity in the Venture Debt market slowed (and mirrored the experience in the Private Equity market) in 2010 the Venture Lenders are very much open for business and looking for new deals.

As all Bootlawyers know Bootlaw Towers has a vibrant Emerging Growth company Venture Capital and Private Equity practice and is a recommended firm in the Legal 500 for Venture Capital and recognised as a team which “knows its tech inside out and targets start-up companies in the digital, new media, and emerging technology fields”.

So if you do decide to borrow some readies you know who to call (or tweet).

This year we were lucky enough to be invited back.

On Friday, Barry participated on a panel at the conference with John Lunn, Dragos Ilinca and Reshma Sohoni on love and marriage (A.K.A finding and keeping a good co-founder) & what if things don’t work out and you split up.

Some surprising themes emerged in the panel.

How do you find your perfect match?

Look around those who you know. Leverage your networking and spend plenty of time working out if you can live with each other (you’ll spend more time with them than your family) and make sure they have a complimentary skill set.

Whats mine is yours…..Really?

We spoke about the equity split between Co-founders, the importance of a pre-nup agreement (some basic agreements dealing with the shares and what happens to them if someone leaves) and the importance of listening to each other and compromise.  It really *is* like a marriage!

Getting people to work for you on fresh air?

Heck money’s tight.  We’ll need to hand over lots of equity right?

Wrong.

Bootlaw (okay we *are* lawyers) warned against “handing out equity like sweets” in the early days. Think ahead….if you do there might not be much left in the sweetie jar for anyone later.  Beware too the bureaucratic nightmare that is having gazillions of shareholders. Made worse if they got their shares for some work they did a long time ago and have disappeared!  This isn’t to say don’t do it.  If the price for the person you absolutely have to have is stock.  Do a deal.  We’d love to help you [Ed - shameless plug].

Confounding conventional wisdom John told the crowd the primary motivation for joining a start up will not always (and in many cases won’t) be the prospect of some killer stock options.  Instead, lots of peeps will be attracted by the challenge of working at the cutting edge and solving really interesting problems in a fun environment.

Top tip: this is a *great* excuse clever capitalist argument to your investors for having Wii and Table Football.

It takes some dedication (O.K it takes a *LOT* of dedication for Barry) to (i) get up early’ish on Saturday morning and (ii) go Sarf of the river – even if there is geekery involved.

But here’s the thing.  It’s a pleasure for Launch 48.  The enthusiasm of the teams and the organisers is infectious.

I was inspired by everyone.  This is an event that gets better and better. Great teams and fantastic mentors (even without Bootlaw).  Who wouldn’t want to hook up with Hugh Chappell a very serious serial entrepreneur and big supporter of Launch 48 who made time to share his experience and network on Friday and Saturday (and who has successfully exited twice, once to Time Warner and then to Dennis Publishing).

Without exception I loved all the ideas and, having set myself a deadline of midday to get away, (an important meeting involving errrm. golf was pre-arranged) I found it hard to leave and ended up dashing off for the train late!

So. Hat tip to Ian Broom and all those involved in Launch 48.

Good luck.

Bootlaw hopes to have the privilege of being involved again.

The Information Commissioner has announced that following responses from over 200 organisations (including Winston & Strawn London) the final code will be launched in July 2010. At the same time, the Information Commissioner published a summary of the responses to its December 2009 consultation on a draft code of practice which can be found here.

The new code will contain a better explanation of the interplay between it and the UK legislation and include various explanations and a glossary of terms to make it user friendly.

Importantly, the Information Commissioner has revealed in the code that it takes the position that in many cases an IP address is sufficient to be classified as personal data.  It is reported that the code will also deal with other important issues including vulnerable users, children and will contain extensive revisions to the guidance around online marketing.