IPR for software development. How to enforce our ownership?
We are a free-lance developer, we are developing a software for someone. Since the work is complex and involves a number of components, we would like to retain the copyrights/IP of the system. We would like to license only the usage rights to the company. Can you provide some feedback regarding - how we should enforce our ownership of the software IP; also any suggestions on clauses to be added in the contractual terms.
Usually if it is a work for hire, then the person hiring the services wants to retain the IP. However, if you want to retain the IP in the software, then the agreement will specifically have to state that the IP created in the software shall be retained by you i. e. the author despite the work being 'work for hire' and that no IP is being transferred to the person hiring you for your services. You will have to negotiate the contract as the other party may not accept this. Also the agreement would have to be a non-exclusive agreement so that you can transfer the rights in the said software to a third party and hence you would have to retain the rights in the same.
Advocate Diva Arora MenonNizamuddin East, Delhi
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