How are you Being Protected Legally By Your Development Partner?
Every employee-employer relationship, whether onshore or offshore, requires mutual trust. Personal guarantees, however, may become problematic in a business-to-business setting if the parties to the agreements depart the company or the nature of the connection changes. In our daily lives, simple misunderstandings are often; why should business be any different? In business, most of us find it useful to rely on tried-and-true procedures and established legal frameworks rather than solely on people, no matter how well-intentioned they may be. The crucial query that remains is how your offshore development partner is providing you with legal protection.
Protecting intellectual property and maintaining trade secrets are two of the most important, crucial factors for a technology company whose business is innovation. Legal protection is essential for preserving both of them.
An offshore partner who is offshore is just that, a partner. Their enterprises are governed by the laws of their own countries, and if an American company had to take legal action against an offshore partner, they would be in unchartered territory. At best, the costs of legal representation are prohibitive, and at worst, there is no legal recourse available. Making ensure you can legally enforce such protection in any offshore contract is crucial.
Numerous offshore service providers leave businesses vulnerable to:
- Trade secret infringement
- Intellectual property infringement
- Copyright infringement
- Code theft.
What transpires if the project is a complete failure, goes much over budget, and there is a dispute with the offshore service provider? What happens if the offshore worker just wants your concept for themselves? You put a lot of effort into creating and fostering the idea, and you figured out how to capitalize on the opportunity. It is unlikely that suing for damages would result in actual compensation.
Companies looking to hire employees from abroad should always look for service providers with a local presence in USA. This makes it possible for the USA legal system to specifically safeguard intellectual property and uphold written contracts. The same set of safeguards applies to transactional issues including billing, refunds, service requirements, and deadline accountability.
Founders devote every resource that they have to the expansion of their company or the development of their concept. Protecting the security of both client and company data is important for even established companies. Hiring a USA offshoring service partner is the only method to ensure that your offshore team won’t steal your concept and leave you facing your product as a competitor in the market.