IPR and plan B

[NotAllThere]

I'm working with a partner in the US. He's done the functional design for a killer app, that will make us both incredibly rich. Maybe. I'm doing the actual programming and technical design.

Now, he's been advised by a legal pal, that I should sign the IPR of the programming side over to him. This is obviously in his best interest, but it certainly isn't in mine.

Any suggestions on the best way to organise things so that we both have protection against either of us dumping the other, and stealing the work? I think I'm already protected by copyright laws - the program code copyright belongs to me.

[pmeswani]

I'm working with a partner in the US. He's done the functional design for a killer app, that will make us both incredibly rich. Maybe. I'm doing the actual programming and technical design.

Now, he's been advised by a legal pal, that I should sign the IPR of the programming side over to him. This is obviously in his best interest, but it certainly isn't in mine.

Any suggestions on the best way to organise things so that we both have protection against either of us dumping the other, and stealing the work? I think I'm already protected by copyright laws - the program code copyright belongs to me.

Whose idea was the killer app? If it were yours, you should have IPR. If it were his, he should own it. Is there an option to have join IPR at all?

[blacjac]

Have you got a contract? Which countries law applies to the contract?

You need to make sure you are both clear on that as you may be looking at UK Law and he may be looking at US.

[NotAllThere]

No, we haven't got a contract - we need to decide what goes in it first - hence the question. And it would be either Swiss or US law.

The idea is his. But the implementation of the idea - how it is actually realised, is my idea. So, I think he has the IPR on the idea, and I've the copyright on the code.

[thunderlizard]

That is exactly why he's been advised in that way. There is no IPR on ideas, only on implementation. If your partner lets things carry on as they are, you've got everything and he's got nothing.

[pmeswani]

That is exactly why he's been advised in that way. There is no IPR on ideas, only on implementation. If your partner lets things carry on as they are, you've got everything and he's got nothing.

If that is the case, the contract may state that in the event of a split, that both partners shall reserve the right to use the code, or at least state the conditions surrounding of the use of the code.

[NotAllThere]

OK, so it seems the best thing to do is put together an agreement for joint ownership of the IPR.

thanks