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A hypothetical, commissioning work and IP rights

  • 16-01-2013 11:30pm
    #1
    Registered Users, Registered Users 2 Posts: 14,681 ✭✭✭✭


    Wondering if anybody with a better knowledge of the dark theoretical arts of the legal world can help me here. Purely hypothetical and theoretical at the moment...

    Let's say that somebody has an idea for a new invention (or a computer program), they know what they want this invention to do but they haven't got the slightest notion of how to make this invention to do it (i.e. how to do the programming).

    Is it possible to hire somebody to do the programming for you but to make sure that you hold the IP rights to the finished project (for patenting purposes and all that).

    What I'm thinking is that you can include a clause in the contract that you get the contractor to sign stating that all future IP rights would belong to you.

    Would I be right in thinking that?

    Any theoretical advice is very much welcome.


Comments

  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    P_1 wrote: »
    Wondering if anybody with a better knowledge of the dark theoretical arts of the legal world can help me here. Purely hypothetical and theoretical at the moment...

    Let's say that somebody has an idea for a new invention (or a computer program), they know what they want this invention to do but they haven't got the slightest notion of how to make this invention to do it (i.e. how to do the programming).

    Is it possible to hire somebody to do the programming for you but to make sure that you hold the IP rights to the finished project (for patenting purposes and all that).

    What I'm thinking is that you can include a clause in the contract that you get the contractor to sign stating that all future IP rights would belong to you.

    Would I be right in thinking that?

    Any theoretical advice is very much welcome.

    Yeah, why not. They are standard clauses for people pitching business ideas who have to disclose their ideas to potential investors. Similar thing here, if you google some business plan templates you might find a similar type agreement that you can adapt to suit what you need.


  • Registered Users, Registered Users 2 Posts: 14,681 ✭✭✭✭P_1


    Cool I get ye.

    Hypothetically speaking, if you drew up a contract you can specify anything and everything and once it has 2 signatures on it it should be legally watertight?

    Broadly speaking


  • Closed Accounts Posts: 265 ✭✭Javan


    P_1 wrote: »
    Cool I get ye.

    Hypothetically speaking, if you drew up a contract you can specify anything and everything and once it has 2 signatures on it it should be legally watertight?

    Broadly speaking

    Having been involved in business startups before, the first step is generally the signing of a non-disclosure agreement. This is a contract between you (or your company) and the prospective employee that says the everyone agrees to keep the information about the business confidential.

    Once you go from there to commissioning the work you will need another contract that sets out the pay and conditions and the ownership of the work.

    I would strongly suggest you talk to your local enterprise board for advice. The city and county enterprise boards get this sort of question regularly and will be able to give advice and support.


  • Registered Users, Registered Users 2 Posts: 14,681 ✭✭✭✭P_1


    Thanks for the advice, for the moment it's just an idea for a product and it's potential market that I have.

    I'm in the process of establishing what I need to know and do at the moment and determining if it's worth my while perusing it.


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