So what would happen if your IT contractor went into liquidation? It could be your IP horror story. In a disturbingly high number of cases, IT services contracts specify that where software solutions are custom-made for an enterprise, they are owned by the contractor, not the enterprise. This means that in a liquidation scenario, ownership of the software will vest with the liquidator.
Your new IT contractor will need to have access to your software, and preferably a license to tinker with the source code. Without these things, not only does switching contractors become an impossible transition, but any modifications to your software solution may lead to a breach of the liquidator’s IP.
