IP Escrow

'Escrow' is an age-old legal term referring to a deed that only becomes effective at the operation of a future event.

When Escrow is applied to the world of Intellectual Property (IP) it refers to the process whereby an Escrow Agent holds IP material in accordance to the terms and conditions set out in an Escrow Agreement between the IP Owner and the Escrow Agent.

Trusted Information Services provides an IP protection Escrow Agreement for the owner and/or developer of Intellectual Property. This service is designed to instigate the retention, administration and (when required) controlled access of the proprietary material by the owner.

By the signing of an IP Escrow Agreement the IP owner is contractually protected against the disclosure of its proprietary material to third parties, except under the limited circumstances determined by the owner in the Escrow Agreement.

Independent corroboration of lodged IP material by Trusted Information Services can be of significant value in legal disputes that may arise. In some cases it may even determine the outcome of litigation challenging ownership of intellectual property and other rights

A company with the foresight or prudence to utilise our IP Escrow Service will have a significant advantage over any challenger who has failed to prepare in a similar way. This advantage can prove to be valuable in litigation, arbitration, mediation or settlement negotiations.

By scheduling periodic lodgings the Owner also disciplines itself to create better documentation and establish protection for its intellectual property and technology. This is often neglected or uncoordinated without a formal IP Escrow Agreement, therefore subsequent retrieval for litigation or other purposes becomes difficult or impossible.

The IP Escrow Service also provides for the security, preservation and recovery of mission critical or important materials such as, information, data, and encryption keys.

Who Needs an IP Escrow Agreement?

• Use or develop custom or proprietary IP in which you have made a substantial investment
• Would be adversely affected if your IP was not available to support legal recourse
• Are interested in a way to ensure that you have access to your IP in the event of a third party copying or using it outside of legal means
• Require stringent protection for your IP investment?
• Are interested in a way to clearly document your intellectual property development
• Protect yourself against employee or competitor intellectual property piracy