Intellectual Property vs Liquidation

[miniman]

Hopefully the PH brains can answer this one for me@

In the situation where a company goes into administration / liquidation, and that company has "ownership" of IPR to software source code developed for its clients, is there any legal obligation or suchlike for the IPR to be handed back to the client?

Basically, the client needs to get the source code back, preferably without paying for it.

[RobDickinson]

clients down own anything the company develops, or its IP.

remains propery of the company and is counted as an asset for liquidation I think.

[D-Angle]

It's usually covered in any written agreement to carry out work, and usually the IP goes to the client. This is not the case if mentioned otherwise in that agreement, or if not mentioned at all, in which case it belongs to it's creator(s) by law. You can look at buying the IP from the liquidators.

[Ean218]

If the client did not get an escrow agreement when the software was written, they will probably have to come to a financial arrangement with the liquidator who now owns it.

[GreigM]

Most contracts my company works on the client usually has a clause put in the contract that they are given access to the source code for the product in the event of the company going bust...with this they gain the right to modify, maintain and continue their use of it, but they do not gain the IPR nor the right to re-sell, this remains an asset of the company which will be sold alongside the other assets.