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UKSolicitorJA, Solicitor
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Three engineers, AL, DW, and AM, formed a team in 1960 to design

Resolved Question:

Three engineers, AL, DW, and AM, formed a team in 1960 to design a prototype aircraft. The Mk 1 version was built and tested in 1961. In 1963, DW and AM ended their role in the project. AL subsequently re-designed and re-built about two thirds of the aircraft, to produce the Mk 2 version.

DW and AM have agreed to transfer all their rights in the aircraft to AL, by a deed of assignment. Presumably, the deed should contain;

1. The names and addresses of AL, DW, and AM.

2. A summary of each person's input, to the Mk 1 and Mk 2 phases of the project.

3. A brief description of the Mk 2 aircraft.

4. The assignment statement, and the dated signatures of DW and AM.

My questions are;

( a ) Does the deed require any other content or formalities ?

( b ) What is the wording required, to make the deed legally effective ?
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


Thank you for your update on the situation. I would like to have an answer to my question today, if possible.


 


Thank you.

Customer: replied 3 years ago.

JoC, a barrister, promised a reply within 15 minutes, half an hour ago. But she has since disappeared from my screen ! Please clarify the situation.


Thanks.

Expert:  Nicola-mod replied 3 years ago.
Hello,

The site automatically allocates experts to begin with but on a detailed look experts may feel the question is not within their area - this is probably why JoC did not reply.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

JoC has said several times today, " Reply within 15 minutes". No reply received so far. The question was posted on 13 June. Please arrange a reply.


Thank you.

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

The signatures of all 3 parties must be witnessed by a witness who inserts his name and address.

A sample deed of assignment whose format you could use is here

http://www.startmate.com.au/wp-content/startmate-ip-deed-of-assignment-v1.doc

May I help further?
Customer: replied 3 years ago.


The lead you have provided will be very helpful. I will look at it shortly.


I do have two further questions;


 


1. Two of the parties are married, and they live in Guernsey. I live in Surrey. Can one witness sign, when the first two sign in Guernsey, and then another witness sign, when I do so at a later date ? Some days have to be allowed, for the document to go through the post.


 


2. I am trying to specify exactly what is being assigned. The two in Guernsey were partly responsible, for the components of Mk 1, which still exist in Mk 2 - the wing and the rear fuselage. All three parties were the joint owners of Mk 1 in 1961. Is it the case, that all three parties are also joint owners of Mk 2 today ? If so, then the assignment will need to apply to the present ownership interest of the two in Guernsey.

Expert:  UKSolicitorJA replied 3 years ago.
The deed may be executed in counterparts which means each party signs a separate document with only their signature duly witnessed, the deed will be effective when all 3 have signed and had their signatures duly witnessed.

The best thing would for the assignment to state that DW and AM assign all their rights whatsoever and whensoever existing in the MK model and any future variations of it to AL absolutely.

Customer: replied 3 years ago.


I am somewhat confused, by your statement, that each party signs a separate document. The aim is presumably to get three witnessed signatures, on the same document, in two stages.


 


I looked at the web site you recommended. It deals with the assignment of an invention. In my case, the assignment needs to cover;


 


1. The ownership interest, of two of the joint owners, to the third one.


 


2. The copyright subsisting in the documents produced by two of the designers/constructors, to the third one.


 


Is it sufficient to say " all their rights ", or does one have to spell out that in this instance, the assignment is of physical property rights, plus the transfer of copyright ?

Expert:  UKSolicitorJA replied 3 years ago.
You can have 3 separate signatures on 3 separate documents, that is what counterpart means. Or you may have all signatures in one document.

Both are legally binding.

It would suffice to say that all their intellectual property rights, including but not limited to copyright, design rights, trademarks, parents, inventions etc are being assigned.

All the best.
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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