Questions regarding all matters related to ownership and rights to intangible assets such as art, software, designs, etc.
0
votes
1answer
77 views
How to incentivise current employer in future startup?
I am currently employed by a company whose core business is not IT-related but I have developed a few applications that are central to some crucial business processes and I want to create a startup ...
0
votes
1answer
78 views
Software IP Ownership
If I have a company that has been building some SAAS for several years. I am now looking to take on another person and give them 40% equity. Were should the IP of the software been maintained? Ideally ...
2
votes
3answers
205 views
Ownership of IP developed while employed
I'm a 3d software developer working for a manufacturing company on industrial visualization software programs. In the future, I wish to develop 2d/3d games, mapping applications during my free time.
...
1
vote
1answer
155 views
Acquiring a website with unclear ownership
We want to acquire a website that is driven by a large community and non-profit. Before going to the attorney I want to do my own research on this topic.
The problem is that the ownership of this ...
0
votes
1answer
43 views
Singleboard/SOC based products and IP laws for a small company
I run a small business in custom software development in Canada, and I think it has gotten to the point where I can release my own product. My question has to do with using existing ...
2
votes
2answers
112 views
How to avoid idea “contamination” when soliciting advice on a product
We've got a software product going into alpha release and want to invite some super users to test and give feedback. I wonder if there's any sort of steps we should be taking to prevent the issue of ...
1
vote
2answers
209 views
Taking company's source code away
In general, what penalty do you provide to an employee that takes company Intellectual Property away (violating the non-disclosure agreement)?
What is the best way to protect our bigger value (source ...
0
votes
1answer
49 views
Intellectual property brain dumps and lock downs
I did some consulting for a biotech that had partnered with an SaaS provider that's platform among other things did the following:
Used two-factor authorization for all transactions,
Used a ...
1
vote
2answers
74 views
Intellectual property due diligence when onboarding talent to create IP
When talent is being paid to acquire/create intellectual property, it's been my experience that the standard due diligence is to just have that party sign a contract stating they own the rights to ...
3
votes
4answers
227 views
Partnership Gone Bad
For the past 6 months or so I have been working on a project with 2 partners. Here's the breakdown:
Partner 1: Finance, marketing, sales, legal
Partner 2: Product dev, design, branding
Me: Tech, ...
0
votes
2answers
133 views
Licensed software and due diligence: sufficient?
In the process of due diligence for an investment or for M&A, I ask:
Considering that all other software is property of the company, is it sufficient to have a non-core part of the software, ...
1
vote
1answer
128 views
Side projects while being a co-founder and officer of a company
There is already an awesome question and answers on IP and spare time related to employees:
If I'm working at a company, do they have intellectual property rights to the stuff I do in my spare ...
0
votes
2answers
115 views
IP: Maintain property over source code
I have code of mine, developed before joining the company as a co-founder, that I used for the company product (website) but want to retain the copyright and all IP rights to it and to be able to use ...
5
votes
6answers
718 views
How should I leave a startup. I own all their source code
I asked a question recently here, discussing options for what to do in my current situation.
The other co-founders let me know they no longer think I deserve 20%, and I decided it was the last straw, ...
1
vote
1answer
63 views
US intellectual property law - restrictions for a licensor
I am going to acquire a non-exclusive license from an American individual for a software. This software will be used as an integral part in my retail software which is under my own copyright. We have ...
3
votes
1answer
81 views
How do I get an IP Lawyer as an Advisor
My pre-seed technology startup has developed unique IP which needs protection. The industry we're targeting is run by giants (with tons of IP), so the IP story will play a key-role on the startup. ...
5
votes
3answers
514 views
Intellectual Property (Source Code) Held in Escrow
I work for a start-up company who has a client requesting that we place the source code for our SaaS (software-as-a-service) application in escrow. They're concerned that, as a start-up, the company ...
3
votes
6answers
292 views
Former partner is illegally using my IP
I've noticed a former potential partner of mine is using a logo, website design, and company description/mission that I created and retain full ownership of.
Should I just send a simple email ...
2
votes
2answers
70 views
How do you approach intellecutal property rights when developping general products for cilents?
We always "reserve the right to re-use any code written for this project" in our contracts with clients. With this in mind, if a later client needs a very similar web app, is it ethical to slightly ...
4
votes
2answers
112 views
Should I transfer the intellectual property of a product to get investors?
I've been working on a new software that could do a nice work on the current market, and I'm trying to get investors to be able to work full time on this project and deliver before the other companies ...
2
votes
4answers
229 views
Is it illegal to sell a software template created at work but duplicated and augmented at home?
I am an employee at a large company and I created a worksheet using my work computer. The worksheet helps me organize my info such as passwords and time-off records. I replicated it and then ...
1
vote
2answers
81 views
Equity sharing for my particular situation
I have read numerous posts and articles on this topic and it is clear there are several schools of thought that involve many shades of grey. I have come to a conclusion but am seeking affirmation from ...
4
votes
2answers
291 views
How long should you keep your idea a secret?
I am a graduating senior in college studying computer science and machine learning. For the past year, I have been working with two other people on what we think is a pretty fantastic idea, offering a ...
2
votes
2answers
85 views
Public transit app: possible revenues and IP issues?
I am looking at developing a website sort of like ones that NY-area commuter railroads have, showing train departure times and tracks. One major transit hub near me has no central location for this ...
2
votes
2answers
103 views
Which Country is Suitable for Legal Protection in Game Automation Software Development
After reading today's Gamasutra article about Jagex vs Impulse Software, and considering my own academic activities, I suddenly became very concerned with my legal protection.
As such I would like ...
2
votes
1answer
116 views
How to document transfer pricing policy for IP
In Europe, there is enormous tax differences between high tax and low-tax jurisdictions for holding IP (for example 60% for owners of a "3:12" Swedish company vs 5% for a Luxembourg IP company).
So ...
2
votes
5answers
417 views
how to present ideas to a possible future partner without getting them 'stolen'?
I am planning into getting involved in a venture in an asian country.
I have a friend from this country that has an experience in the kind of business I want to be involved in and that has “ built “ ...
1
vote
1answer
145 views
Valuing intangible assets in an LLC sale
Upon sale of an LLC, how would I express the values of intangible assets the LLC has generated (e.g. certain access rights, processes and procedures, IP, and customer relationships)? These are assets ...
1
vote
2answers
447 views
court precedence on California labor code section 2870
Does anybody know of any actual court cases involving California labor code section 2870 which gives a clear precedence as to how judges would rule in such disputes
(eg. a programmer makes something ...
1
vote
2answers
241 views
Interpreting Invention Assignment: what does “is not related” to the company's business mean in employment contracts?
I'm talking about those Invention Assignment clauses in employment contracts (especially with regards to California labor code section 2870)
"Prohibiting employee assignment to an employer of ...
0
votes
2answers
101 views
startup IP against previous company?
I am working as an SEM engineer for a California-based eCommerce company, and I want to leave and start my own SEM company. Are there any intellectual property concerns?
0
votes
2answers
710 views
CA Labor Code Section 2870, does this apply to out of state employees?
If I live in another state, and work (salary + telecommunte) for a company located in CA, (EA with the usual "Works For Hire Agreement" which states "The Company shall be the sole and exclusive owner ...
0
votes
1answer
320 views
How do I protect my innovative product without a patent?
I'm currently building a working prototype of my product for my home business. Without giving too much away, it is a product you can use around the house to make maintenance a lot easier and almost ...
1
vote
1answer
109 views
App developed in company time has potential to be sold commercially. Need advise
Situation
I work on the public sector and have developed a web app for internal use to handle a department's business process. The application has been a success according to its users. Some of the ...
4
votes
1answer
155 views
Using a closed company's IP
Over ten years ago I worked at a startup company that no longer exists today. Recently I found some of courses we developed on a CD Rom. They were copied by another employee who gave them to me ...
3
votes
3answers
362 views
Creative solution for copyright infringement by UK university
This question is sort of a follow up to:
Creating non-profit startup from open-source software project
Selling using the honor system
Basically, I'm selling software on the honor system for $5 to ...
1
vote
1answer
96 views
Intellectual Property and Day Jobs
I run a small tech company providing custom web development (in Ontario, Canada), and I have a few clients. However, as I am still a student in university, I have co-op positions that I take every ...
1
vote
3answers
75 views
Where does the rights to the software lies when I've used them in the company?
I've developed an authoring tool for games and also a player that plays them on Android.
One year ago I founded a company with friends and we've published some really cool games by using the engine ...
4
votes
1answer
346 views
How does a joint venture share intellectual property?
There are two companies A, and B, that wish to establish company C.
A is a startup software company that gets 60% in C.
B is a profitable hardware company and gets 40% in C.
This allocation ...
6
votes
1answer
266 views
Our client wants ownership of the code + no competition clause, but we need to re-sell this program in order to make money. How do we compromise?
TL;DR: "A client contracts us to build the engine for Warcraft I, does client have right to stop us using the same engine for let's say.... Skyrim?" (No contracts have been signed YET)
Actual ...
2
votes
3answers
135 views
Intellectual Property for similar software with 2 different clients
I run a business developing my own software that I license out, but also coding projects for businesses at hourly rate. So clients employ me as a contractor to do this.
Many of these projects are ...
1
vote
1answer
44 views
Consulting on work related to future planned product
We recently approached a large company with a proposal to build them an application we thought they'd find useful.
The idea is that they'd partner with us to get it developed and get unlimited use ...
1
vote
1answer
62 views
User Elected Image Copyrights
Environment:
Our project allows teachers to create learning objects (activities, lessons, videos) that may incorporate uploaded images for the purpose of language learning. Our EULA states that ...
2
votes
1answer
144 views
Can we set NewCo's initial valuation at zero?
Background: Company A has developed a software product. Revenue is about $8K per month; margin is about 75% (after royalties). Debt owed to angel and family/friends investors is about $550K. The ...
2
votes
2answers
131 views
Would this idea violate any law?
The idea is this :
My website would just embed videos from various websites like youtube, metacafe, etc.
I want to have users log in and comment or discuss on the videos I embed.
The purpose is ...
1
vote
1answer
47 views
Does exists shared patents porfolios that a company can contract as insurance?
considering so much articles I've read about the IP scenario today, I was wondering if there exists Patents holder companies that...
Have a good patents porfolio (maybe thounsands, in many areas).
...
1
vote
4answers
950 views
Where to find a template for a general-purpose Independent Contractor Agreement?
We want to hire some freelancers in the US, Germany, Russia and Japan.
The book "The Business of iPhone App Development" from Apress references an Imdependent Contractor Agreement template. The goal ...
3
votes
2answers
216 views
Software copyright after dissolution
I was part of a joint venture that is in windup mode. The software was mostly a compilation of open source software. No patents filed or anything like that. However, the lawyer is selling assets which ...
1
vote
3answers
510 views
Forced to sign intellectual property agreement or be terminated after 4 years of service
I have worked for a small 25 employee non-profit in the US for the past 4 years. About 9 months ago, I identified some deficiencies within the company in the areas of data management and ...
3
votes
1answer
198 views
Intellectual Property and Side-Projects in Western Europe
Joel's answer on "If I'm working at a company, do they have intellectual property rights to the stuff I do in my spare time?" certainly was an interesting read. However, it was pretty much centred ...
