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Dossiers internationaux
Practice review: an IP-ownership gap in outsourced development
Without proper IP assignment, cross-border outsourcing may leave the deliverables' ownership not fully yours.
A typical scenario: a company outsources development to an overseas team and, at later fundraising or litigation, finds that because the contract was unclear, IP in core deliverables is not fully its own.
Jurisdictions differ on default ownership for employed and commissioned works, and lacking a clear assignment leaves a gap.
The lesson: define IP ownership and assignment in outsourcing and employment contracts, obtain necessary assignment documents, and verify the ownership chain at key milestones.