Legal

When Hardware Lives On

Intellectual property beyond death, insolvency, and organisational liquidation

Seminar 3

15:0015 mins13/11/2026

Existing discussions of Open Source Hardware (OSH) have focused predominantly on licensing, while comparatively little attention has been paid to the long-term management of intellectual property when contributors or managing organisations cease to exist. The death of individual developers, the insolvency or liquidation of organisations, and the resulting absence of a legal entity capable of holding or enforcing intellectual property rights raise important questions for the continuity of OSH projects.

This talk examines how copyright, patent and trademark rights may be managed in these situations. It considers who is responsible for enforcing software, hardware and data related licenses, and addresses the legal mechanisms available to preserve the continuity of OSH projects, including the management, transfer and enforcement of intellectual property rights.

This talk is aimed at professionals and hobbyists working on and developing OSH. No previous knowledge on legal topics or OSH is required.