The Internet, including eCommerce, is a constantly and rapidly developing field. It includes a wide range of aspects such as domain names (their registration, disputes and objections), website terms and conditions and information technology agreements.
Legal compliance is also required in terms of the Electronic Communications and Transactions Act. KISCH IP is able to guide clients through these issues and provide expert advice on tailor-made solutions.
KISCH IP’s Domain Name department attends to the registration of domain names across all generic top-level and country-code domains. We also assist in searching to determine the availability of domain names.
We provide clients with a comprehensive audit detailing all domain names registered within organisations. We also offer a comprehensive audit of all domain names, incorporating registered and unregistered trade marks.
In the event that a domain name is the subject of a dispute, KISCH IP can assist either in negotiation, court action, or the Uniform Dispute Resolution Policy (UDRP) procedures.
ICANN (Internet Corporation for Assigned Names and Numbers)objections
A dispute under the UDRP can be filed with any ICANN-accredited dispute resolution service provider, like WIPO’s Arbitration and Mediation Centre.
The procedure provides for the resolution of disputes between a domain name owner and a third party – which may concern a domain name in the generic Top Level Domains (gTLDs) and those country code Top Level Domains (ccTLDs) that have voluntarily adopted the policy.
KISCH IP will assist in the preparation of any complaint or response, and will attend to all of the necessary administrative steps involved in laying or responding to a complaint.
Electronic Communications & Transactions Act
In addition to online consumer protection provisions, the Electronic Communications and Transactions Act places certain obligations on website owners. KISCH IP can carry out audits on clients’ websites to ensure that all obligations are met.
Website terms & conditions
Each website should contain terms and conditions of use that advise users on how they may use the website and what their rights are in relation to its content. KISCH IP drafts comprehensive terms and conditions of use that are customised to our clients’ particular needs.
Online IP infringement
KISCH IP assists in enforcing clients’ rights in the online environment, whether the infringement is based on a registered trade mark, patent, design, copyright material, or any other intellectual property right.
IT & escrow agreements
KISCH IP drafts all information technology agreements, including software licence agreements, Internet services agreements, software and website development agreements, outsourcing agreements, support and maintenance services agreements, hardware rental agreements and software escrow agreements.