Copyright, Designs and Patents Act 1988: Primary legislation governing intellectual property rights, including copyright protection, duration of rights, permitted acts and limitations. Essential for defining the scope of licensable rights.
Contracts (Rights of Third Parties) Act 1999: Legislation determining whether and how third parties can enforce contractual terms. Important for defining the scope of who can benefit from or enforce the licence terms.
Intellectual Property (Enforcement, etc.) Regulations 2006: Regulations covering the enforcement of IP rights and available remedies for infringement. Critical for understanding enforcement mechanisms available to the licensor.
Consumer Rights Act 2015: Key legislation for consumer protection, including unfair terms provisions and consumer rights. Particularly relevant if the licence agreement involves consumers rather than businesses.
Competition Act 1998: Legislation governing anti-competitive practices and restrictive agreements. Must be considered to ensure licence terms don't violate competition law.
Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations. Forms the basic framework for any valid contract under English law.
EU Retained Law: Post-Brexit retained EU regulations affecting intellectual property and licensing. Important for understanding the current regulatory landscape.
UK GDPR and Data Protection Act 2018: Data protection legislation relevant if the licence involves processing of personal data. Sets out obligations and rights regarding data protection.
