Menu
Quick search

David Marchese

Department TMT Education (University) Oxford University

David Marchese

You, David Marchese
& Ince, in any case

David has extensive legal experience advising clients on intellectual property, information technology, data protection and commercial contracts.

David is the author of Business Licensing Agreements (Longman, 1995), the section on Supply of Goods and Services in Practical Commercial Precedents (Sweet & Maxwell and Westlaw) and several published articles including Joint Ownership of Intellectual Property (EIPR, 1999) and Warranties and Covenants in IP Licences (OUP, 2009).
Prior to joining the firm in 2014, David was a partner at a number of other leading City firms.

My matter highlights

  • Advising a wide range of companies and institutions on implementing the GDPR.

  • Advising a leading international company on its terms of business.

  • Advising a UK public authority on the contractual terms of its public procurement processes.

  • Advising a UK publishing company on its international distribution arrangements.

  • Advising on the terms of an international trade mark licence relating to a well known brand. 

  • Drafting terms and conditions and privacy policies for a wide range of internet websites and mobile apps.

My recent publications

News / Ince Gordon Dadds advises on Modus and BPCM merger

08-09-2017 /

IncenbspGordon Dadds has advised leading creative PR agency, Modus Publicity, on its merger with BPCM, the integrated brand agency to form ModusBPCM

Ince Gordon Dadds advises on Modus and BPCM merger

News / Brexit and the repatriation of EU laws

31-03-2017 /

The Government's White Paper Legislating for the United Kingdom's withdrawal from the European Union has confirmed the general approach that the proposed Great Repeal Bill will takenbspWhilst the UK will no longer be subject to the jurisdiction of the European Court of Justice (CJEU), EU laws existing at the time Brexit takes effect will in fact continue to apply, unless or until they are overturned by subsequent UK legislation

Brexit and the repatriation of EU laws

News / Taking client data with you when you change jobs

07-02-2017 /

The Information Commissioner’s Office has issued a salutary reminder of what the consequences can be of taking client contact data with you when you change jobs.

Taking client data with you when you change jobs

News / Unfair Consumer Terms

09-11-2016 /

The Competition and Markets Authority (CMA), which is responsible for upholding consumer law as well as competition law, has just published research suggesting that the majority of UK businesses do not fully understand the rules on unfair terms in consumer contracts, and that this directly affects how they treat their customers.

Unfair Consumer Terms

News / Data Protection – the EU-US “Privacy Shield” is here – for now!

18-07-2016 /

In February we commented on the agreement reached between the EU and US authorities on a new framework for transatlantic data flows, called the “EU-US Privacy Shield”. This would allow the transfer of personal data from EU countries to the USA, where other legal justifications for this are not available.

Data Protection – the EU-US “Privacy Shield” is here – for now!

News / Data Protection – Update on the US “Safe Harbor” scheme

09-02-2016 /

Last October we reported on the demise of the EU-US “Safe Harbor” scheme, as a result of the decision of the European Court of Justice (ECJ) in the case of Maximilian Schrems v Data Protection Commissioner of Ireland. The ECJ held that the “Safe Harbor”, which has been used by many EU and US businesses to justify transatlantic transfers of personal data since 2000, was invalid because the US public authorities were not bound by the scheme, and this compromised the fundamental human right of EU citizens to respect for their private lives.

Data Protection – Update on the US “Safe Harbor” scheme

News / Implied terms beyond Belize

06-01-2016 /

The aim of a contract is to set out what has been agreed between the parties, and so to avoid future disagreement Where a contract is written down, one looks primarily at the written terms However, in some cases it is not clear from the written terms what should happen in particular circumstances

News / Night Manager style contracts in the blink of an eye

04-01-2016 / TMT

Amid the dazzling thrills of BBC TV's acclaimed recent series based on John Le Carr's novel, The Night Manager, viewers may have been bemused by the sequences (including the gripping finale) where a vast (and of course illegal) arms deal was completed (apparently) through the use of iris recognition technology on a portable device Is this a sign of things to come

Night Manager style contracts  in the blink of an eye

News / Implementing Slavery and Human Trafficking Statements - a potential PR pothole?

30-10-2015 /

The Modern Slavery Act 2015 consolidates offences relating to slavery and human trafficking. The mischief was regarded as sufficiently grave to include a requirement (under section 54 of the Act) for all UK commercial organisations over a certain size to produce a “slavery and human trafficking statement” for each financial year (known as the transparency in supply chains etc requirement).

Implementing Slavery and Human Trafficking Statements - a potential PR pothole?

News / Data Protection US Safe Harbor scheme held invalid

15-10-2015 /

On 6th October 2015 the European Court of Justice (ECJ) handed down its ruling in the case of Maximilian Schrems v Data Protection Commissioner. The ECJ found that the US Safe Harbor scheme, which has been in place since 2000, is invalid. This means that, technically, many data transfers to the USA are now, and have been, illegal. In theory we could see people complaining to the relevant national data protection authorities and claims being made against companies that transfer personal data to the USA.

Data Protection  US Safe Harbor scheme held invalid

News / Consumer Rights - The New Law

03-09-2015 /

The Consumer Rights Act 2015 (“CRA”), which comes into full force on 1st October 2015, revises and restates UK law relating to the sale and supply of goods and the supply of services to consumers, and for the first time provides separate rules relating to the supply of digital content to consumers.

Consumer Rights - The New Law

News / Changes to UK Copyright Law Allow Copying of Music for Private Use

26-09-2014 /

On 1st October 2014 further changes to UK copyright law come into force. Under the Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014, it will now be lawful to make personal copies of copyright works for private use.

Changes to UK Copyright Law Allow Copying of Music for Private Use

News / Changes to Copyright Law

21-07-2014 /

Copyright exists to incentivise the producers of creative works, by providing them with the right to control how their works are used and by whom, and to be remunerated for this use. Any copyright exceptions therefore need to be justifiable and ensure that a fair equilibrium is achieved between the costs to users and the incentive for the supply of those works.

Changes to Copyright Law