Serverside Policy on Intellectual Property Rights
This policy statement sets out the manner in which Serverside Group Limited and its associated companies (“Serverside”) deals with its intellectual property rights (“IPR”), including how it obtains, enforces and otherwise deals with IPR.
As a highly innovative technology company, Serverside invests large amounts of engineering and financial resources into developing its technology and believes strongly it is of utmost importance to aggressively procure, exploit and, where necessary, enforce its IPR.
Serverside has significant market and technological advantages that are protected by its IPR and the company is committed to preserving and enhancing its competitive position through its strategic IPR portfolio management, including taking offensive and/or defensive legal action, as necessary. This policy is indicative only and Serverside reserves the right to take such actions and/or assert its intellectual property rights as it sees fit without prior notice.
To this end, Serverside’s IPR matters are handled by international law firm, McDermott Will & Emery, rated best global IP Department in an international law firm by Intellectual Property Today in 2005. Information on Serverside’s IP rights is available from Dr. Justin Hill, McDermott Will, and Emery, 7 Bishopsgate, London EC2N 3AR, United Kingdom.
IP rights are critical to our technology offering
Serverside deals with all types of intellectual property. Significantly, Serverside controls a growing number of international patent rights relating for example to our innovations in:
- technologies for remotely customizing images for application to financial transaction cards and other products
- technologies for providing secure ASP services facilitating customization and production of customized financial transaction cards and the like
- technologies for monitoring and control of manufacturing processes of customized financial transaction cards and the like, as well as the products so produced
- technologies for monitoring and control of printing processes of customized financial transaction cards and the like, as well as the products so produced
- technologies for the solution of systems integration problems in practical implementations
Serverside’s international patent rights include the following PCT families: PCT/GB04/000626; PCT/GB04/003537; PCT/GB05/003198; and PCT/GB05/003217, each of which is directed to a number of different inventions deemed core to our business operations.
Serverside is also the owner of further IPR that protect its software, trading style, technologies and other valuable business assets including but not limited to trade mark rights, rights in passing off and unfair competition, trade secrets, database rights, design rights and copyrights.
Enforcement
Unauthorized use of Serverside’s IPR damages not only Serverside and its partners but the industry as a whole. The company does not tolerate unauthorized infringements of its IPR and will pursue infringers to obtain resolution and if necessary formal remedies and relief to the fullest extent possible, including injunctions, damages (and exemplary or enhanced damages if applicable) or an account of the infringers profits, and enforcement costs. Serverside continually monitors and reviews potentially infringing activities and has financial provision and management approval for taking legal action internationally, without notice if necessary.
Licensing
Under certain circumstances, Serverside may be willing to enter into licensing arrangements to allow third parties to use Serverside’s IPR. Serverside will only grant licences in writing and each licence will be subject to formally agreed terms and conditions. However, this statement is in no way a waiver of any right or an offer of a licence and each instance will be treated on its own merits. Please contact Michael Campbell, in-house legal counsel for Serverside, if you are interested in using or obtaining a licence to any Serverside IPR.
Third Party Rights
In certain circumstances, Serverside’s processes may involve the use of third party IPR, such as copyright in images applied to cards. It is Serverside’s policy to respect third party IPR and not knowingly to infringe any such IPR. We believe we have taken appropriate steps to minimise the risk of infringing third party IPR. If a third party is aware of any of their IPR being used in an unauthorized manner in connection with Serverside’s business, they are requested to contact Michael Campbell, in-house legal counsel for Serverside, who will investigate the situation and reserves the right unilaterally to suspend relevant activities.