Protecting your intellectual property rights2 min read

Dear Zainab,

I am reaching out because I am in a confused state. I run a tech business that builds tailored solutions for businesses. Over time we have built solutions for big big companies. We built this in house as I have very ‘bad’ and correct software developers. However, due to a recent influx of jobs (which we are not complaining about), and a very specific demand from a client, we have to outsource the development of the software for our new client.

I have heard many stories of how outsourced work of this manner result in drama here and there and as a young man, I can’t do drama. What can I do to protect myself from any potential soap opera?

Upcoming Zuckerberg

Dear Upcoming Zuckerberg,

Wehdone sir! Glad to hear your business is doing very well and I hope you get many more big big companies to build things for.

To protect yourself from anyone you outsource to, you must pay attention to details especially when drafting up a contract for the developer. Basically, you have to own all IP (Intellectual Property) rights to the project.  This is because, the general law is that he who authors the code (work) owns the code (work), so you want to make sure you have that eliminated with an IP assignment clause included in your contract. The clause assigns the IP to you, making you the owner of the IP during and after your contract. This also gives you the ability to license your IP to third parties.

Also, you should sign a non-disclosure agreement (NDA). That way, the developer is restricted from sharing any of the information provided by you, the internal workings of your business, components of your software or program and other things you specify. You could also include a confidentiality provision in the contract. If you’d rather go for an NDA, however, we can help with that. Simply click here.

For a fuller explanation on this matter, read up this article on our website.

Keep succeeding Upcoming Zuckerberg.