Commissioning Custom Software? Establish Who Owns the Code Before Development Begins

Author : Sunil Ambalavelil | Published On : 31 Oct 2026

A business pays a software developer to build a customer management platform. The completed system works, but the developer refuses to provide the underlying source code when the company wants to change providers.

The disagreement may arise because the development contract never clearly established ownership or access rights.

Paying for software development does not automatically settle every intellectual property question.

The agreement should distinguish the newly developed code from pre-existing software, third-party components and materials licensed to the customer.

A corporate lawyer reviewing the contract may also consider rights to modify the software, access technical documentation and appoint another developer for future maintenance.

Source code access and intellectual property ownership are not necessarily the same entitlement.

For businesses requiring legal services in Dubai, Dr Sunil Ambalavelil brings experience in corporate and commercial transactions involving contractual rights and business operations.

A legal advisor in the UAE can help assess whether the agreed provisions give the business sufficient control over a system essential to its activities.

Commercial contract terms should also address confidentiality, support obligations and what happens when the developer's engagement ends.

Businesses should establish these arrangements before investing heavily in software that may become difficult to maintain or replace.