Today, companies’ core businesses and operational processes are built on computer programs and information systems. As digital transformation and cloud and AI technologies continue to expand, the development, adoption, and use of computer programs, as well as the implementation and enhancement of information systems, have become critical factors that can determine a company’s competitiveness and business success. Accordingly, as software development and system-building methods continue to diversify, there is an increasing need for professional legal responses to issues arising in connection with computer program development and licensing, joint development and the allocation of rights in development outcomes, and the use of open source software.

Lee & Ko’s IP & Technology Practice Group advises on and handles disputes involving a wide range of legal issues relating to computer programs, including software planning and development, implementation and use, licensing and other technology transactions, joint development, and commercialization. Our Practice Group comprises lawyers with extensive experience in the computer program and IT industries, as well as professionals with technical backgrounds in fields such as computer engineering. In particular, we provide practical solutions for matters that are closely intertwined with the technical and commercial characteristics unique to computer programs, including software development and supply agreements, joint development agreements, program licenses, ownership of development results and related intellectual property, the use of open-source software, and the management of source code and other technical materials.

In addition, Lee & Ko’s IP & Technology Practice Group has extensive experience advising and representing both project owners and contractors in a wide range of software development projects, including large-scale information system construction and enhancement projects. SI projects go beyond simple service contracts, as technical elements – such as the software development methodology, system functions and performance, integration with existing systems, and the management and utilization of development deliverables – are closely intertwined with the parties’ contractual rights and obligations. Drawing on this understanding, our Practice Group provides specialized legal services for computer programs and SI projects, ranging from the design of contractual arrangements tailored to the structure and development methodology of each project, to advice on technical and contractual issues arising during performance, clarification of rights in development deliverables, and representation in various types of disputes.

主な業務分野

Strategic Counseling on Computer Program Development, Deployment and Licensing
We advise on the drafting and review of various agreements related to the development, deployment and use of computer programs, such as software development and supply agreements, joint development agreements, license agreements, and maintenance agreements, as well as on various legal issues arising in the course of performing such agreements.

Strategic Counseling and Dispute Resolution Concerning Development Outcomes and IP Ownership and Use
We advise on ownership of and allocation of rights in self-developed, outsourced, and jointly developed computer programs and related technical outcomes, as well as rights of use, the scope of commercialization and the delivery and use of source code and other development materials.

Strategic Counseling on Software Licensing and Open Source
We advise on the scope and terms of licenses for commercial software and on license compliance, and we handle related disputes. We also advise on license obligations and compliance issues that may arise in connection with the adoption, development, or distribution of open source software.

Strategic Counseling on SI and Software Development Projects
For various IT projects, including the implementation of new information systems, system replacement and enhancement, and cloud migration, we provide advice on the design of development methods and transaction structures, the establishment of procurement and project performance terms, and the allocation of contractual roles and responsibilities, as well as on various legal issues arising during the course of a project. We also advise on contracting and project management in light of the characteristics of different software development methodologies, such as Waterfall and Agile.

Dispute Resolution for SI and Software Development
In various disputes arising from software development and system building, including contract performance, development scope and deliverables, schedules and costs, system functionality and performance, and rights and obligations after suspension or termination of a project, we comprehensively analyze the technical facts and contractual relationships and handle dispute resolution through negotiation, litigation, and arbitration.

Analysis of Technical Issues and Litigation Involving Computer Programs and Systems
In cases requiring specialized technical analysis, such as the structure and functionality of computer programs, source code, the development process, and system implementation results, we identify key facts and legal issues in collaboration with technical experts and, based on such identification, establish strategies for litigation and dispute response.

Strategic Counseling on Cloud, AI and Other Emerging Technology-Based Software
We advise on various legal issues, such as contractual relationships, scope of liability, and ownership and use of technical outcomes, that arise in the development, deployment, and provision of new types of computer programs and IT services, including cloud-based services, SaaS, and AI software.

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代表例

Computer Program Development, Licensing and Transactions

Resolved disputes over the scope of use and license conditions of various software licenses, including OS, CAD, Office programs, DBMS, and ERP
Advised on API and library licensing for automatic object recognition programs
Advised on API and library licensing for autonomous vehicle software development platforms
Drafted agreements and advised on project performance for AUTOSAR software system development projects using Agile methodologies
Advised on contract structures and performance methods for Waterfall or Agile software development projects

SI and Software Development Project Advice and Disputes

Handled disputes arising from projects to build integrated criminal justice information management systems
Advised on and resolved disputes arising from projects to build integrated customer information management systems for global insurance companies
Advised on and resolved disputes arising from projects to build integrated defense and military logistics information systems
Handled disputes arising from projects to build integrated warehouse management systems among affiliates of large corporations
Handled disputes arising from projects to build next-generation hospital information systems for large hospitals

Disputes Regarding Development Outcomes, IP Ownership and Source Code

Litigated claims concerning unauthorized acquisition of source code of software embedded in semiconductor manufacturing equipment
Litigated claims concerning unauthorized acquisition of software source code of a global game developer
Resolved disputes over attribution of development outcomes and IP rights in jointly developed automation equipment software
Resolved disputes over attribution of development outcomes and IP rights in jointly developed AI object recognition software
Advised on and resolved disputes concerning ownership, use and commercialization rights of jointly developed software

Open Source and Software Compliance

Conducted open source software and related IP due diligence in corporate M&A
Advised on the use of open source licenses and compliance with license obligations in the course of product development and distribution
Assisted in establishing corporate open source use policies and software IP compliance frameworks

AI, Cloud and Other Emerging Technology-Based Software

Advised on and resolved disputes concerning the development of AI object recognition software and attribution of development outcomes
Advised on compliance with the AI Framework Act
Drafted and reviewed cloud service use agreements
Resolved disputes over liability and damages arising from cloud service outages
Advised on the adoption and operation of cloud services processing key information such as medical and financial information
Advised on cloud service security and regulatory compliance