International Technology Development

In today’s faced-paced and interconnected marketplace, companies frequently utilize foreign developers to help create websites, apps and other software programs.

One of the key advantages of international technology development is the ability for a company to increase its technology development capacity and shorten the time needed to create and deploy the final product, whether it is a website, app or other software application. In addition, using foreign developers can often dramatically decrease development costs.

But international technology development has its share of risks and challenges, as well. Some of these include cultural differences, time zone-related communication issues, and quality concerns. In addition, enforcement of contractual provisions and intellectual property laws can be difficult if the foreign developer has no U.S. operations or assets.

International Development Agreements

The international development agreement represents the understanding of the developer’s deliverables, including deliverables benchmarks and functionality of the product. In addition, the agreement should clearly address the ownership of intellectual property created by the developer and make appropriate transfers to the company hiring the developer. Finally, the international development agreement should include language whereby the developer warrants that it will not include any materials in the final product which infringe the intellectual property rights of anyone else. As such, the international development agreement requires careful review and drafting by experienced international development agreement attorneys.

Types of International Development Agreement

There are a number of types of International development agreement transactions, but we frequently assist clients with technology product development, software development agreements, international app development agreements, and international website development agreements. Technology product development can include the development of prototypes or the manufacture of products integrating a company’s technology, proprietary designs, data, methods and other know-how – much of which may be patented or trade secrets. International software development agreements are needed when an international software developer is engaged to create or modify a customized software application. The developer may be hired to create the entire application, or perhaps only a portion. International app development agreements are used in essentially the same situations as International software development agreements, except that the final product the developer is creating is intended to be a mobile application typically available to users via an app store such as iTunes. International website development agreements govern situations in which a developer is engaged to create a website. Although these agreements will typically contact similar terms and provisions, each of the transactions has unique nuances and challenges that must be adequately addressed in the development agreement.

Our International Technology Development Experience

We offer an efficient, practical, and results-oriented approach to international technology development transactions, including:

• Clear and concise written international license agreements

• Useful and comprehensive legal advice

• Strategic counseling in risk assessment, development of business and licensing models, and protection of intellectual property and technology assets

• Effective and cogent negotiating, with an understanding of industry practices, common pitfalls, and creative solutions

Additional Insights Regarding Development Agreements

For more information on international development agreement legal issues, see our Legal Insights and Industry Solutions pages.