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Our specialist team offers a bespoke service to match the needs of any software project.

Software projects are rarely written from scratch, often relying on third party libraries, components, graphics and code snippets. We help developers to ensure this material is used in compliance with IP law – in particular the applicable copyright license – allowing you to get your code up and running quickly.

Material under open source licenses can raise particular issues, such as copyleft, viral effects, patent licensing, patent retribution and DRM restrictions. Marks & Clerk has substantial expertise in managing these matters based on experience with world leading software houses.

Specialists

for the result you need

Catherine Lovrics

Partner, Head of Trademarks and Copyright (Canada) Canadian Trademark Agent, Barrister and Solicitor
Catherine (Cat) Lovrics is a Partner at Marks & Clerk Canada, where she is Head of the firm's Trademark and Copyright Groups
Photo of Paul Horbal

Paul Horbal

Partner | Barrister and Solicitor | Canadian Patent Agent Canadian Patent Agent, Barrister and Solicitor
Paul is a lawyer, registered Canadian Patent Agent, and registered U.S. Patent Agent in the Toronto office of Marks & Clerk Canada. His practice focuses on patent, industrial design and licensing matters.

Services

Our specialist team offers a bespoke service to match the needs of any software project. We can help to identify third party material and the applicable license terms, flagging issues such as:

  • Unlicensed material
  • Availability of source code
  • License non-compliance
  • Viral effects,
  • Patent licensing requirements,
  • Patent retribution,
  • "Anti-tivoisation" or DRM restrictions

We will then work with you to devise mitigation strategies, including developing notice files and splash screen text to satisfy license obligations.

For future audit or due diligence, we can develop Certificates of Provenance, setting out the rights and obligations applicable to each component.

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