Software & Data Rights Protection

The intellectual property attorneys at Haynsworth Sinkler Boyd are highly experienced in drafting and negotiating a variety of software licenses, contracts and related agreements, including standard master software licensing agreements, software as a service and hosting models, cloud-based computing and open source licensing and agreements related to the protection of data maintained within—or run through—any such software programs, applications or systems.

Whether you are a vendor seeking representation to develop a standard licensing approach for your software product or a business owner looking to acquire a software program or application, our software and data rights protection team will guide you through the legal processes involved.

In support of Haynsworth Sinkler Boyd’s healthcare industry group, our attorneys have extensive experience in health information technology and related software. Our team is also experienced in providing legal advice for the development of clinical data warehouses, health information exchanges and telemedicine applications—regularly navigating the application of HIPAA and the Common Rule in connection with such technologies.

We are sensitive to the need to protect the underlying source code of the applications developed by our vendor clients, as well as the need to protect the data of each end user. Whether you are a healthcare provider that manages volumes of protected health information in an cloud-based EHR system or an on-line merchant handling financial transactions via the Internet, we can work with you to protect your data.


  • Drafting and negotiating agreements for IP licensing and purchasing, technology transfer, software and data rights protection, non-disclosure, procuring technology products and services, invention assignments, etc.
  • Negotiating several hundred electronic health records software products on behalf of healthcare providers and EHR vendors
  • Preparing agreements needed to establish lines of ownership in and proprietary rights to information, source code, improvements, modifications and derivative works
  • Assisting developers with internal IP policies, work-for-hire relationships and other types of collaborative software development