IP Rights in Website Functionality and "Look and Feel"

Summary

This practice note explains the intellectual property rights ("IPRs") that may exist in the functionality and "look and feel" of websites and the extent to which these can be protected. In particular, it includes the main components of a website, such as functionality, content and usability, and it outlines the elements of websites that can be protected by copyright other IPRs, such as design and functionality and content. It also discusses relevant considerations in website development projects, and what website owners can do to stop unauthorized use of their websites and unlawful conduct online by their competitors. Last, it sets out tips for negotiating website development agreements.