This Practice Note considers the intellectual property (IP or IPR) issues that can arise in an outsourcing arrangement. It describes the difference between background and foreground intellectual property rights and explains how to deal with rights that are owned or licensed by third parties. It also looks at IPR warranties and indemnities in outsourcing agreements.
This is a precedent outsourcing agreement under which the customer appoints a supplier as an outsourced services provider of a particular business function of the customer. It is a short form outsourcing agreement generally drafted on a pro-customer basis and is suitable for use in both IT and non-IT related outsourcing transactions. For more complex transactions, the long form outsourcing agreement should be used.
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