Our team can help you resolve complex IT disputes efficiently and cost-effectively.

What is software development from a legal point of view?

Many IT companies develop software for clients, be they established businesses or individual entrepreneurs. While there’s no specific “software development contract” in Belarusian law, companies typically leverage two agreements: a Contractor Agreement outlining development tasks, deadlines, and payment terms, and a separate agreement for intellectual property (IP). The latter, like an exclusive right assignment or a license agreement, ensures the developer (who initially owns the software’s IP) can legally transfer usage rights to the client. This two-pronged approach safeguards both parties’ interests in the development process.

What are disputes in IT?

In the rapidly evolving world of information technology, disputes can arise from a variety of sources. These conflicts often center around issues such as intellectual property, contract breaches, data privacy violations, and software defects. Intellectual property disputes, for instance, can involve copyright infringement, patent violations, or trade secret misappropriation.

Contractual disagreements may stem from disputes over deliverables, timelines, or payment terms. Data privacy breaches can lead to legal actions related to data misuse, unauthorized access, or failure to comply with data protection regulations. Additionally, software defects can result in financial losses, reputational damage, or even legal liabilities for companies.

Developer Risks: When Claims Are Made

Developers face various risks when claims arise regarding software quality. If the delivered software doesn’t meet contractually agreed specifications, customers can make quality claims. These claims might include price reductions or free defect rectification. Failure to address defects within agreed timelines could lead to contract termination and damage claims. Even during development, if it becomes evident that the software won’t meet requirements, customers can demand changes. Persistent issues may result in contract withdrawal or the need for another developer to rectify the problems at the original developer’s expense.

Dispute Resolution in Pre-Trial/Court Proceedings

When informal dispute resolution methods fail, parties may resort to pre-trial proceedings or formal court actions. Pre-trial proceedings, such as mediation or arbitration, offer more structured approaches to resolve disputes outside of the courtroom. These methods involve neutral third parties who facilitate negotiations and help parties reach agreements. If pre-trial efforts are unsuccessful, the case may proceed to court, where a judge or jury will make a binding decision based on evidence and legal arguments presented by both sides.

Ways to Resolve Disputes in IT

Develop a Dispute Resolution Strategy

Proactively plan how to address potential conflicts, including identifying key stakeholders, defining goals, and selecting appropriate dispute resolution methods.

Insist on Negotiation and Mediation

Prioritize amicable solutions before resorting to formal proceedings. These methods can be more cost-effective and time-efficient.

Participate in Negotiations

Actively engage in discussions to find common ground and compromise. Be prepared to listen, understand the other party’s perspective, and offer creative solutions.

Go to Court and Arbitration

If necessary, utilize legal channels to resolve disputes. Arbitration can be a more informal and flexible process than court proceedings.

Participate in Court Debates

Present your case effectively and persuasively in court proceedings. Gather strong evidence, hire a skilled attorney, and be prepared to answer questions from the judge or jury.

Types of Possible IT Disputes

Unpaid Licenses or Services

Disputes arising from non-payment for software licenses, IT services, or cloud subscriptions. These conflicts can involve issues such as disputed invoices, contract breaches, or disputes over the scope of services provided.

Product Non-Compliance

Conflicts related to software or hardware products that fail to meet agreed-upon specifications or performance requirements. These disputes may involve claims of defects, bugs, or security vulnerabilities.

Copyright Infringement

Claims of unauthorized use or reproduction of copyrighted materials, such as software code, documentation, or creative works. This can include allegations of software piracy, unauthorized distribution, or derivative works.

Violation of Competition Clauses

Disputes involving non-compete agreements or other restrictive covenants that may limit a party’s ability to compete in the IT industry. These conflicts can arise when a former employee or business partner starts a competing business or solicits clients.

Fee Splitting

Conflicts over the allocation of fees or revenue between parties involved in IT projects or collaborations. These disputes can involve disagreements about the terms of partnership agreements, the value of contributions, or the distribution of profits.

Documents Required for IT Dispute Resolution

Company documents or passport

These documents establish the legal identity and capacity of the parties involved in the dispute, including their names, addresses, and registration information.

IP rights documents

These documents provide evidence of ownership and protection of the intellectual property rights at issue, such as copyright registrations, patent certificates, or trademark registrations.

Relevant contracts

These documents outline the legal framework governing the relationship between the parties and define their rights and obligations, including terms of service, licensing agreements, or confidentiality agreements.

Infringement evidence

These materials provide tangible evidence of the alleged infringement, such as screenshots, recordings of unauthorized access, or physical samples of infringing products.

Supporting materials

Any additional evidence that can support the claims or defenses in the dispute, such as emails, correspondence, expert opinions, or witness statements. This may also include financial records, invoices, or technical documentation related to the IT products or services at issue.

How IT Lawyers Help Resolve Disputes

Tax dispute resolution

IT lawyers can help businesses navigate complex tax disputes and challenge unjustified penalties or assessments.

Bank account negotiation

IT lawyers can negotiate with banks to resolve issues related to frozen or blocked bank accounts, often caused by disputes over payments or legal proceedings.

Debt collection

IT lawyers can draft legal documents to demand payment of outstanding debts or fines from customers who have defaulted on their obligations.

Legal proceedings preparation

IT lawyers can assist in preparing the necessary documentation and gathering evidence to support a client’s case in arbitration or court proceedings.

International representation

IT lawyers can advocate for clients’ interests in legal proceedings, both domestically and internationally, by representing them in court and negotiating settlements.

Judgment enforcement

IT lawyers can help clients enforce court judgments by taking necessary steps to collect damages or obtain other remedies awarded by the court.

Team conflict resolution

IT lawyers can facilitate conflict resolution within teams or organizations by mediating disputes, negotiating agreements, and providing legal advice.

Mediation services

IT lawyers can serve as neutral third parties to help parties resolve disputes through mediation, a process that involves facilitated negotiations to reach a mutually agreeable solution.

Fulfillment of the Decision of Arbitration or Court

Ensure that the final decision is implemented. This may involve taking necessary steps to enforce the judgment or resolve any outstanding issues.

Why us

Narrow specialization of lawyers

Our team focuses exclusively on IT law, ensuring deep expertise and tailored solutions.

Professional lawyers

Our lawyers are highly skilled and experienced professionals dedicated to achieving the best possible outcomes for our clients.

Responsible lawyers

We uphold the highest ethical standards and are committed to acting with integrity and professionalism.

We value trust and reputation

Building strong relationships based on trust and maintaining a positive reputation are our top priorities.

Comprehensive approach

We offer a wide range of legal services to address all aspects of IT disputes, from pre-trial negotiations to court representation.

Works with foreign citizens

We are experienced in handling matters involving foreign clients and have a deep understanding of international legal frameworks.

FAQ

Types of disputes

Intellectual property disputes (copyright infringement, patent violations, trade secret misappropriation), contract breaches (disputes over deliverables, timelines, or payment terms), data privacy violations (unauthorized access, data misuse, non-compliance with regulations), and software defects (quality issues, performance problems, security vulnerabilities).

However, it’s important to note that if the director is a foreign citizen, they may need to obtain a work permit or other necessary documentation, depending on their specific circumstances.

What are IT contracts?

Legal agreements governing IT projects, services, or products. These contracts can include software licensing agreements, development agreements, outsourcing contracts, and cloud service agreements.

Can a contract be subject to foreign law?

Yes, contracts can be subject to foreign law if agreed upon by both parties. This is often referred to as “governing law” and can be specified in the contract. However, the choice of foreign law must comply with local laws and public policy.

Can contracts that are prepared under foreign law be applied in Belarus?

Yes, foreign law contracts can be applied in Belarus if they comply with local laws and public policy. Belarusian courts generally recognize and enforce foreign judgments and awards, subject to certain conditions.

IT contracts and HTP

The High-Tech Park (HTP) in Belarus has specific legal frameworks for IT contracts, offering tax benefits, simplified administrative procedures, and other advantages to companies operating within the park. These frameworks can provide additional protections and incentives for IT businesses.

What are the peculiarities of conflicts in the IT sphere?

IT disputes often involve complex technical issues that require specialized knowledge and expertise. The rapid pace of technological advancements can make it challenging to keep up with the latest legal developments and industry standards. Additionally, the international nature of IT projects can introduce jurisdictional challenges and differences in legal systems.

How do IT lawyers help to resolve disputes?

IT lawyers can provide valuable assistance in resolving IT disputes by:

Negotiating contracts: Drafting, reviewing, and negotiating IT contracts to ensure that they are clear, comprehensive, and protect the client’s interests.
Developing dispute resolution strategies: Advising clients on the best approach to resolving disputes, whether through negotiation, mediation, arbitration, or litigation.
Legal representation: Representing clients in court proceedings, arbitration, or other legal forums.
Expert advice: Providing expert advice on legal issues related to IT, such as intellectual property, data privacy, and contract law.
Mediation: Serving as neutral third parties to facilitate negotiations between parties and help them reach mutually agreeable solutions.

Contact us

Lawyer

Legal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
E-mail

info@ambylegal.by
Address

Office: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
Working hours

Monday-Friday 9:00-19:00

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