Intellectual Property Law · European Union
Secure the Intellectual Property in Your Software
Your code, architecture and user interface are valuable assets — but ownership is rarely automatic, and a single wrong clause or missing assignment can quietly put them in someone else’s hands. We match you, free of charge, with a vetted intellectual property lawyer who protects software at every stage.
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Who this is for
The code you wrote may not be as ‘yours’ as you assume — until the legal work is done
Software intellectual property is the bundle of legal rights that protect a software product and the work that goes into it: copyright in the source code, database rights, trade secrets covering proprietary algorithms, trade marks on the brand, and — where an underlying technical invention qualifies — patents. The challenge is that software IP does not protect itself. Ownership of code written by employees, contractors or freelancers does not always pass automatically to the company that paid for it, and open-source components can impose obligations that contradict your commercial model. Whether you are a founder, a product company or an enterprise that commissions bespoke software, the value of what you build depends on getting the ownership, the licensing and the contractual terms right from the start — a set of questions that vary by country and that a specialist software IP lawyer handles as a matter of routine.
Why software IP slips away
The code works perfectly.
It is the ownership that is broken.
Missing assignments, ignored open-source terms and vague contractor agreements quietly leave a product that is technically yours but legally not.
Code written by someone else is not yours
Unless a contractor, freelancer or former employee has properly assigned the intellectual property in writing, the company that paid for the code may not actually own it — a defect that usually surfaces during an investment round or a sale.
Open-source obligations nobody read
Software that incorporates open-source components can inherit licence terms — including requirements to disclose source code or license derivatives — that conflict with a proprietary business model and are only discovered when it is too late.
Unclear rights in the product
Ambiguous terms on who owns improvements, who can reuse the code and what happens to custom work after a relationship ends leave both sides exposed to a dispute over the very asset the product is built on.
What you get
A software IP lawyer who locks down ownership from the first commit
We only match you with intellectual property lawyers who handle software copyright, licensing and code ownership regularly.
Ownership & assignment audit
Your lawyer confirms who owns every material part of the codebase — employees, contractors, freelancers and acquisitions — and fixes any missing assignments so the company’s title is clean and verifiable.
Licensing model design
Get the right licensing structure for your commercial model — proprietary, open source, SaaS or hybrid — with terms that match how you actually sell and distribute the software.
Open-source compliance
Your lawyer reviews the codebase for open-source and third-party components, identifies the obligations they impose and advises on how to manage them without undermining your product or your revenue model.
Contract protection
From development agreements and NDAs to distribution and support terms, you get contracts that protect the code, the brand and the relationships — so your software IP stays yours through every deal you enter.
Coverage
Software IP lawyers across Europe
Copyright, database rights and the treatment of software ownership vary by country, so the right lawyer practises in the jurisdiction that governs your code and your contracts. We match cases across the following countries and beyond:
Frequently asked
Software intellectual property — common questions
How is software protected as intellectual property?
Primarily through copyright in the source code and, in some jurisdictions, database rights, with trade secrets protecting proprietary algorithms and trade marks protecting the brand. In limited cases, an underlying technical invention may also qualify for patent protection, though the rules are restrictive.
Who owns code written by a contractor or freelancer?
Not automatically the company that paid for it. Ownership of commissioned software generally depends on a written assignment, because the author of the code usually holds the copyright unless it has been validly transferred. This is a common gap that a lawyer can identify and fix.
Do I own code my employees write?
In most countries, work created by an employee in the course of their employment is usually owned by the employer, but the precise rule varies by jurisdiction and by the nature of the role. It is prudent to confirm this in employment agreements, especially for senior technical staff.
How does open-source software affect my product?
Open-source components carry licence terms that can impose obligations, such as disclosing your own source code or licensing derivative works under the same terms. If those obligations conflict with a proprietary model, they can create serious compliance risk, so the codebase should be reviewed.
Can I patent software in Europe?
Software is excluded from patentability as such under European law, but an invention with a genuine technical character and a technical contribution may be patentable in some cases. The analysis is fact-specific, so specialist advice is essential before pursuing a software patent.
What should I check before a software investment or acquisition?
The key questions are who owns every material part of the code, whether open-source obligations are understood, whether licences and development agreements are in order, and whether any disputes exist. A software IP review as part of due diligence is the usual way to answer these.
Free case review
Make sure the software you build is legally yours to keep
Tell us about your software and how it was built, and we’ll connect you with an intellectual property lawyer who handles software IP — free of charge, with no obligation to hire.