These situations more often than not involve intellectual property rights and licensing, if any of the following were determined to be true, it involves the loss of an asset software and payment to the author or copyright holder with the compensation in most cases exceeding the cost of the development of the product. These problems can easily be avoided by securing a legal agreement for the founder of the company, registration of the contract for the development of that software.
CONTRACT WITH A SOFTWARE DEVELOPER OR WEB PROGRAMMER
There are various possible ways to formalize an IT employment relationship or build an agreement between a software company and client.
When the official release date of software, mobile app, computer game or a website approaches, the publisher may face certain difficulties like:
List:
List:
- Developer claims about the violation of their copyright of created software or site, and the prohibition of the use of its development;
- Actualization of the ordered software by third parties in the projects of competing companies;
- Right claims made by a competitor concerning the results of intellectual activity by an employee transferred to him;
- Create a clone product;
- Refusal to transfer the rights to the developed software;
- The requirement to pay compensation with regards to the use of intellectual property;
- Obligation to discontinue the use of the software.
EMPLOYMENT CONTRACT FOR THE DEVELOPMENT OF SOFTWARE, MOBILE APP OR A WEBSITE
EMPLOYMENT CONTRACT FOR THE DEVELOPMENT OF SOFTWARE, MOBILE APP OR A WEBSITE
Our clients in certain cases have full-time developers. However, It is important not to forget that the result of the labour of these workers will be the object of intellectual property - a service work. A principal way in forming a mutual relationship with a developer is by an employment contract (or a programmer contract), this creates a basis for the master service agreement for software development with regards to a client or supplier. However, a standard contract for legal registration of labour relations with a developer is not enough.
Lawyers of Law and Trust will help you competently draw up an employment relationship using a contract for software development with the transfer of rights: they will prepare the complete required documents (including in English) ensuring a complete transition of the right to an office job. We provide the following services:
List:
List:
- Audit and development of internal regulations for official tasks or works;
- The employment preparation of the contract with the provisions for the official work;
- The work duties of an employee are to create the results of intellectual activity (Work for Hire - WFH);
- Drawing a service contract for the development and maintenance of software or a website;
- Support of the procedure for acceptance of the work performed with the preparation of the necessary documents;
- Legal and accounting clearance for employee remuneration for the created software - the creation of a framework agreement with a programmer.
Proper preregistration of labour relations in the field of IT includes documenting each service assignment on technology and principles developed by our specialists based on the tasks of the client with risks associated with the subsequent submission of claims for intellectual property minimized.
SOFTWARE, MOBILE APPLICATION OR WEB DEVELOPMENT CONTRACT WITH OUTSOURCED FREELANCE DEVELOPERS
Not every full-time developer can cope with numerous order within a short period of time. In this case, the publisher is forced to involve third-party specialists (whether it is an independent developer or a company), entering into an agreement based on the performance of work (contract agreement) or an agreement of the author's order for developing software or a website. In this case, the contract of authoring order is executed as a labour agreement with an individual. Civil law and a formalized contract govern the relationship.
Lawyers of our company carry out the preparation of labour contracts with developers in the field of IT, author's deals with the transfer of rights to the created software — each plan based on the individual needs of the client.
ERRORS IN THE CONTRACT WITH THE DEVELOPER
The main mistakes occurring with regards to civil relations between the publisher and developers include:
- Lack of precise expression of the subject of the contract. Both parties will interpret the theme of the agreement in a way they will understand, which will eventually lead to a delay in the development process, obtaining a product other than the one requested;
- Distribution of ambiguous deadlines for the performance of work. More attention is paid to the time delivery periods of the job, otherwise, an endless delivery deadline postponement of a finished software will lead to financial losses and disruption of the publisher's general terms;
- Use unstructured phased acceptance of developed software. This way of accepting work often entails the presence of hidden errors in the overall functionality of the program, which can only be revealed at the final stage;
- Consent to the introduction of clearly unfavourable conditions due to the urgency of the work. The most severe mistake requires careful study of possible consequences;
- Unspecified period of work acceptance performed;
- Inadequate or lack of inclusion of provisions on the transfer of rights to the results of work. It can lead to the loss of rights to the software.
WHY LAW & TRUST INTERNATIONAL?
- The Lawyers of Law and Trust have extensive experience in drafting contracts for the development of software of any complexity. These agreements can be executed either in the form of a deal or in the way of a contract of author's order.
- Our lawyers will hold a detailed consultation, prepare a contract tailored to best meet your needs.
Have you encountered one of the problems described above, Law and Trust International specialist will assess the risks of the concluded agreement and work out the intellectual property rights protection position?
Law and Trust International offers a wide range of services in the field of IT. For each case, we select the most optimal strategy plan that will help develop your business in the IT sector and acquire new opportunities.
For more detailed information about our legal support system, please contact Law & Trust International by simply sending an email or call now to take your business to the next level!
KEY BENEFITS OF LEGAL SERVICES OFFERED BY LAW AND TRUST INTERNATIONAL
Experience and qualifications. The experience of the L&T International team is more than 15 years. It gives the opportunity for working with cases in many business areas like finance, IT, agriculture, trade and foreign economic activity. Thanks to this experience, our specialists always offer the best selection of services.
Comprehensive approach and individual solutions. Law and Trust International always provides a vast range of services for our clients, taking into account the individual characteristics of each particular case. Due to this symbiosis, our specialists always fulfil all the wishes of clients in full and taking into account the requests and preferences of customers.
Monitoring and innovation.Our team keeps tracking the newest and most advanced working methods, as well as the latest legislative, financial and economic information events around the world. It allows lawyers of Law and Trust International to quickly and creatively resolve virtually any issues in the field of legal consulting.
Privacy and responsibility. The security of our customers' data and respond to them are particularly important in the work of Law and Trust International. For all the time of work, we have not had a single leak of commercial, personal or legal information. It allows us to develop, grow and achieve new opportunities.
Reputation and result. A team of lawyers of Law and Trust International always welcomes the success of our clients. Reaching new results, we develop new skills that we successfully use in our work. Thanks to successful cases, our clients and our team, we are creating qualitatively new opportunities to achieve the desired result now.
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Victoria Zhelezova
Branch Director, HR
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Dariia Grib
Legal secretaries & Receptionists
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