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Author Topic: Negotiating intellectual property  (Read 1169 times)

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ChuckT

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Negotiating intellectual property
« on: June 13, 2009, 04:58:02 PM »
A manufacturer may send me hardware in return for code.  I may want to program for other platforms, configurations and other models.  Does giving someone else a sweetheart deal mean that the intellectual property is only theirs and I can never use it in the future?  Does it mean that I can not work for an alternative model using some of the same chips?  How do you negotiate while respecting their rights and my own rights as well?
 

Offline basman74

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Re: Negotiating intellectual property
« Reply #1 on: June 14, 2009, 04:43:09 PM »
Quote from: ChuckT;510997
A manufacturer may send me hardware in return for code.  I may want to program for other platforms, configurations and other models.  Does giving someone else a sweetheart deal mean that the intellectual property is only theirs and I can never use it in the future?  Does it mean that I can not work for an alternative model using some of the same chips? How do you negotiate while respecting their rights and my own rights as well?


Well, i'm not an IP lawyer, or even a lawyer, period! But here's my (rough) take on it.

It depends on the (contractural) agreement you have with the manufacturer: Let's say you grant a 'non-exclusive license' for them to use the code (i.e. ala Microsoft etc), then generally you are still free to do what you want with your code (because you still 'own' this IP). However, it's a different story when your agreement includes ownership transfer of all created IP, for which you have been reasonably (or sometimes unreasonably :-) compensated. If you haven't entered into any formal agreements, then I would've assumed that you may still retain the 'artistic license' (i.e. ownership) over your code?
 
As for the hardware, if you didn't formally design/invent it or didn't gain any rights to this IP - then you don't own it generally. You would have to design your own hardware from scratch and rewrite your code to suit (assuming you still 'own' your code, of course - see above).

This is a complex subject, where every case is unique - suggest you speak to an IP lawyer!
« Last Edit: June 14, 2009, 04:45:14 PM by basman74 »