An extract from The Technology Disputes Law Review, 1st Edition


One of the most common types of disputes involves systems development contracts (i.e., systems development disputes). In a typical dispute, the user usually asserts that the vendor did not complete the system or there are defects in the system provided, and either refuses to pay the vendor's fees or demands a refund of fees already paid. In contrast, the vendor usually asserts that the development and provision of the system were completed and that the user must pay additional fees if further improvements to the system are required, claiming that improvements are not covered by the original contract. In some cases, the vendor performs additional systems development work not covered by the contract and then claims additional fees from the user.

The other common type of dispute relates to intellectual property (IP). If a licensee uses a system (software) outside the scope of the licence agreement, the licensor may seek injunctive relief or compensation for damage caused by the IP infringement. Third-party IP right holders may also seek similar remedies for infringement against the licensee, in which case there is likely to be a dispute between the licensor and the licensee for indemnification by the licensor.

In recent years, the number of cases involving requests for disclosure of sender information has been increasing. These are lawsuits relating to infringement of rights (e.g., copyright infringement or defamation) committed through the internet, in which the plaintiff demands that the internet service provider disclose the information (e.g., name and address) held by the provider about the infringer. These lawsuits are a preliminary step in bringing an action against an anonymous infringer of copyrights or other rights.