:: IT Specific Issues

The arrival of the ICT industry and the rise of IT as a business tool have led to a range of new issues arising for those employing IT solutions.

Domain names

We can assist you whether you are trying to obtain a particular domain name or trying to stop another party from taking yours away. We have experience in conducting negotiations for the sale and purchase of domain names and have a thorough understanding of the unique issues which apply to domain name disputes, both at country level domain (e.g. .com, .biz) and at local level (e.g. .co.za).

We also offer availability searches, availability alerts and related services.

Escrow agreements

Escrow agreements and related technical services can play an important role in safeguarding the integrity of business processes based on developed software while simultaneously protecting the intellectual property rights of the software developer.

They are an important tool in legal risk management, particularly where an organisation, which is dependent on software specifically developed for it, has legal obligations to third parties (e.g. suppliers, distributors) which will be compromised by a failure of the software.

An escrow service typically involves an organisation and a software developer agreeing to place a copy of the source code of an application in trust with a neutral third party. The escrow agreement will dictate the "trigger events" which will entitle the organisation to access the source code while ensuring the copyright of the developer is not unnecessarily infringed. "Trigger events" generally cover the inability or unwillingness of the software developer to maintain or correct the software.

Appropriately drafted escrow agreements and complementary technical solutions should be an element of the disaster recovery or business continuity programme of any business that takes IT governance and legal risk management seriously.

Organisations seeking ISO / SABS 7799 certification will be required, where appropriate, to address the drafting and implementation of escrow agreements as an aspect of their business recovery plans and to ensure compliance with contractual obligations.