Protecting IP In Offshore Software Development

Summary

• Offshore developers usually own the copyright in software they create, since they work as independent contractors rather than employees.
• A development agreement should state clearly whether the customer owns the software outright or only holds a licence, and should cover any third-party or open-source components separately.
• Under English law, an IP assignment only takes effect where the assignor signs it in writing, so a verbal agreement or an informal email confirming ownership is not enough.
• This guide explains how UK businesses can protect intellectual property when they outsource software development to offshore developers.
• LegalVision’s intellectual property lawyers advise UK businesses on drafting development agreements, securing valid IP assignments and managing cross-border IP risk.