[INDIA] RBI, SEBI and IRDAI · Source-code escrow and continuity obligations for critical applications[EU DORA] ICT third-party risk testing required · In force Jan 2025[PRA] SS2/21 UK · Vendor recovery evidence required[MAS] Singapore TRM · Independent vendor recoverability expected[APRA] CPS 230 Australia · Third-party continuity obligations in force[FFIEC] United States · Source-code access and software escrow addressed in third-party contracts[ENTERPRISE] Mission-critical software procurement increasingly requires continuity evidence before contract
[INDIA] RBI, SEBI and IRDAI · Source-code escrow and continuity obligations for critical applications[EU DORA] ICT third-party risk testing required · In force Jan 2025[PRA] SS2/21 UK · Vendor recovery evidence required[MAS] Singapore TRM · Independent vendor recoverability expected[APRA] CPS 230 Australia · Third-party continuity obligations in force[FFIEC] United States · Source-code access and software escrow addressed in third-party contracts[ENTERPRISE] Mission-critical software procurement increasingly requires continuity evidence before contract

IP ESCROW

The intellectual property your operations depend on deserves the same protection as your software

Patents, trade secrets, proprietary algorithms, and licensed technology held by a vendor are continuity risks as serious as the software they underpin. Castler provides legally defensible custody, verification, and structured release.

Escrow scope
InventoryLayer 1
FingerprintLayer 2
VerificationLayer 3
ReleaseVerified
Custody mapped to signed evidence

WHAT IT IS

IP escrow, and the assets it covers.

IP escrow is a custody arrangement in which the holder deposits patents, trade secrets, proprietary algorithms, licensed specifications, design files, and technical documentation with an independent third party.

It protects continuity if the IP holder can no longer support the beneficiary, and it creates an independent record of the asset and its state at deposit.

The deposit scope varies by industry, but the principle is consistent: independent custody provides a continuity right that the commercial relationship alone cannot guarantee.

ASSET SCOPE

The intellectual property assets Castler holds in custody.

01

Patents and applications

Granted patents, pending applications, claims, drawings, and prosecution history covering critical technology.

02

Trade secrets and know-how

Formulas, processes, designs, and technical specifications with the documentation required for independent use.

03

Proprietary algorithms

Scoring models, optimisation routines, search logic, and other procedures deposited as executable specifications.

04

Licensed technology specifications

Standards, interfaces, and implementation guides required for continued licensed use.

05

Design files and technical drawings

CAD files, schematics, circuit layouts, and manufacturing specifications.

06

Software IP with restricted source access

Software components held under structured release conditions where the beneficiary has a legitimate continuity interest.

THE CASTLER APPROACH

Custody, verification, and structured release for intellectual property.

IP verification focuses on integrity and completeness: whether the deposit matches the declared scope and contains the materials required for independent use.

Deposit process

Defined asset inventory

Format and revision state

Implementation documentation

Content fingerprint

Timestamped chain of custody

Version alignment

Release-condition schedule

Dual-key controls where required

Verification pipeline

Castler reviews completeness, internal consistency, documentation sufficiency, and alignment to the declared current state. Algorithmic IP can include a functional review confirming that the deposited specification is executable.

Signed output

A Certificate of Deposit confirming the asset inventory, verification status, deposit date, revision state, and chain of custody. The certificate is updated with each new deposit.

REGULATORY MANDATE

IP escrow requirements across active mandates.

ISO 27001

Information security management requires organisations to identify and protect critical intellectual property assets.

Evidence map

EU Cyber Resilience Act

Technical documentation and security information must remain available throughout the product lifecycle.

Evidence map

FFIEC TPRM

Material technology contracts should address continuity rights, source access, and IP dependency.

Evidence map

ISO 22301

Business continuity systems should protect access to critical third-party intellectual property.

Evidence map
See all 17 mandates

UNDERSTANDING THE DIFFERENCE

When do you need IP escrow in addition to software escrow?

ComparisonSoftware EscrowIP Escrow
Primary assetExecutable softwareIntellectual property assets
Verification focusCan it be rebuilt and run?Is it complete and usable?
Release triggerVendor failure or discontinuationIP holder failure or licence dispute
Output on releaseRunning system and recovery procedureAsset inventory and usage documentation
Regulatory driverRBI, SEBI, IRDAI, DORA, FCAISO 27001, EU CRA, FFIEC
Combined useFor software dependenciesFor technology licensing relationships

FREQUENTLY ASKED

Questions about this escrow type

Does IP escrow create ownership rights for the beneficiary?

No. The depositor retains ownership. The beneficiary receives defined access and usage rights only when the agreed release conditions are met.

How is confidentiality maintained for trade secrets?

Deposits are encrypted, access is restricted to the minimum authorised personnel, and verification operates under strict confidentiality obligations.

How often should IP deposits be updated?

Stable patent or process assets may be updated annually. Rapidly evolving algorithmic or software-embedded IP should follow the relevant release cadence.

Can multiple parties use one escrow arrangement?

Yes. Multi-party and joint-venture arrangements can define per-party deposits, access rights, release conditions, and dual-key controls.

GET STARTED

Identify which intellectual property assets need independent custody.

A 15-minute briefing. We map technology licensing relationships, identify IP continuity gaps, and show you a structured IP escrow arrangement.

Book a 15-min briefing
ISO 27001SOC 2 Type IIPCI DSS

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