Open Source & Third-Party Code IP Services

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

Alain Collet

Partner European Patent Attorney, Industrial Property Attorney (FR)

Alain started his career as a research and development engineer and later became a production engineer in industry.
He has been working in IP since 1996, first within the Thales Group and later with Marks & Clerk France.

Naïma Hnich-Gasri

Partner European Patent Attorney, Industrial Property Attorney (FR)

Naïma is an engineer, graduate from ENSTA Bretagne (formerly ENSIETA), with a specialisation in electronics and computing science.

Catherine Lovrics

Partner Canadian Trademark Agent, Barrister and Solicitor

Catherine (Cat) Lovrics is a Partner at Marks & Clerk Canada, Head of the firm’s Copyright and Digital Groups, and a senior member of the Trademarks Group.

Michael Moore

Partner Solicitor (UK)

Michael advises clients on the commercialisation, monetisation and enforcement of intellectual property assets. He advises across a broad range of sectors including electronics, life sciences, transport and energy and has a strong interest in emerging technologies including AI and Additive Manufacturing.

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.

Latest Insights

Insight

- 13 May 2021

Video: Open source software compliance discussion at Synopsys Flight Europe 2021

Synopsys (Black Duck) recently hosted its annual Flight Europe conference – providing insights from leading experts across various subjects relating to the use of open source software. Marks & Clerk Managing Associate John de Rohan-Truba joined a lively discussion on open source compliance and M&A due diligence.

Insight

- 27 August 2020

Webinar: It's dangerous to go alone - IP in video games

Join Pam Bryer, James Burch and Erik Rouk for this webinar play-through. As the video game progresses, you will level-up your IP skills, giving you the knowledge you need to maximise the value of your innovations.

Open Source & Third Party Code