Re: IP transfer question

"Walter Harley" <walterh@xxxxxxxxxxxxxxxxxxxx> wrote in
message news:heOdnUQ7gP3s083fRVn-oQ@xxxxxxxxxxxxxxxx
> "James Meyer" <jmeyer@xxxxxxxxxxx> wrote in message news:g8qv41heaviputq398s0hvha32nkn1ferr@xxxxxxxxxx
>> Someone who acts as his own lawyer has a fool for a client. That's a
>> trite saying, but like many, is true.
>
> I have a lawyer. I'm trying to gain additional points of view.

There was no evidence in your original post that you intended
to act as your own lawyer. Mr. Meyer's reproach was both
premature and irrelevant to the clear questions you raised.

> Someone who acts as his own lawyer does indeed have a fool for a client. But someone who assumes that his lawyer (or other
> professional) knows everything there is to know, isn't doing due diligence. If I were sick, I'd look up the side effects of the
> medicine my doctor prescribed. If my pipes were leaking, I'd get a bid from more than one plumber.

A point missed by the "Let the lawyer(s) do it" crowd is that
the lawyer's charter is to effect the intentions of the parties in
a legally enforcable way. A good lawyer may advise clients
as to terms that should be present, but it is ultimately up to
the parties to determine what their agreement achieves. That
job cannot be simply handed over to some lawyer(s).

I see in your original post only questions relating to your proper
role in creating an agreement with the *assistance* of a lawyer.

> All I'm trying to do is learn more about the customary, fair solutions to a common engineering business situation. My interest is
> in forming an agreement that will be a win for both parties and will not blow up in our faces later on. A contract based on a bad
> agreement is a liability, not an asset. To have a good contract, you need to have a sensible, fair agreement, based on clarity,
> shared values, and practical experience.
>
> It seems reasonable to ask what agreements folks here have used in this situation. There is a range of solutions, some with
> hidden gotchas that I would like to avoid. Asking for the experience of others seems a good way to do that, if they are willing
> to share those experiences.

I will share some of mine which serve to illustrate why your
approach to contract terms is a good idea.

Once, I was invited to work for a large corporation which
had an IP protection and assignment agreement obviously
written by one or more lawyers with no evident intention
of being fair. (If executed), it claimed rights that went far
beyond what anybody would consider fair under ordinary
circumstances. It so happened that I had some IP of my
own, developed before I ever talked to that corporation,
which I would be giving away all rights to if I signed their
agreement. Because I thought that IP was valuable, and
had other employment options, I insisted their agreement
would have to be ammended before I could sign it. Getting
that perfectly reasonable change effected took more time
on the part of their lawyer(s) and delayed my start date by
a week or more. What was funny about the affair was that
the guy hiring me understood how unreasonable those terms
were and never gave me the slightest criticism for not being
willing to sign under the circumstances.

On the other side of such problems, I have always been
favorably impressed when I encounter agreements that
are clealy intended to be fair and not exploit the fact
that many employees sign paper without really reading it.

--
--Larry Brasfield
email: donotspam_larry_brasfield@xxxxxxxxxxx
Above views may belong only to me.


.

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