Delivery of a computer system is in reality the delivery of a service with protected intellectual property rights. It is often very complex, extremely expensive and takes place over a long period of time. A solid and flexible IT contract is therefore a crucial factor in a successful IT project.
The regulation of intellectual property rights in an IT delivery is very important to the material content of the delivery. It is crucial to properly address important intellectual property issues such as the client’s user rights to the software, the right to change or further develop the software and the right to license or sell the software.
In the spring of 2009, Kluge’s information and knowledge technology team was commissioned by the Norwegian Agency for Public Management and eGovernment (Difi) to review nine of the state’s standard IT agreements. This commission gave unique insight into the standard agreements and, combined with our previous experience, makes us well-equipped to assist clients where the standards are used. Kluge’s IT lawyers are also very familiar with other standard agreements - “IKT Norge” and “PS-2000”. In addition to specialised legal expertise, the ICT and IP team has technical qualifications. This enables us to understand our clients’ technological and administrative challenges, and thereby provide focussed and efficient advice and assistance.
Kluge assists government agencies and private clients in all kinds of IT contract cases. This includes:
• Purchase and development agreements for software
• Maintenance and service agreements
• Consultancy and support agreements
• Operation agreements
• License agreements
• Retail and distribution agreements
• Rights agreements
• Deposit agreements
• Dispute resolution – mediation and litigation
• Contract negotiations
• General legal advice