IP Tech Knowledgy

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In Transactions, Address Ownership of Data and Software

Transactions increasingly involve parties sharing and jointly developing data and software. An agreement should meticulously track which party contributes the data and software, how each party is allowed to use — and not use — the data and software during the relationship, and how, after the relationship ends, each party can use the data and software that was developed during the relationship. It may be difficult to parse through the interconnected relationships and determine who ultimately owns, controls and can use the output, but it is better to decide ahead of time rather than litigate over ownership and usage later. While opting for joint ownership may seem like an easy solution, it often creates problems in the future. Ownership by one party, which then grants to the other a license for particular purposes, is the safer option for the future.

Ned T. Himmelrich
410-576-4171 nhimmelrich@gfrlaw.com