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Ash
Ash, Solicitor
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Experience:  Solicitor with 5+ years experience
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9. Intellectual Property 9.1 you hereby assign to ***** all

Resolved Question:

9. Intellectual Property
9.1 you hereby assign to ***** all existing and future intellectual property rights (including, without limitation, patents, copyright and related rights) and inventions arising from the services. you agree to promptly execute all documents and do all acts as may, in the opinion of ****, be necessary to give effect to this clause 9.
9.2 more so you here by irrevocably waive all moral rights under the copyright, designs and patents act 1988 (and all similar rights in other jurisdictions) which the individual has or will have in any existing or future works.
this is in a contract i have been asked to sign. dose this mean i give up ip created working for this company or give up all ip i own and ip from when im not working with this company.
and if the second, how can i reword it to be just ip created when on the clock with that company.
regards
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.Does the contract define what 'services' are?Alex
Customer: replied 10 months ago.
it states my duties. This company wants to contract my company (which i have not created yet) aka me as a privet investigator
Customer: replied 10 months ago.
nothing about my services for this company include me creating any IP (they wont ask me to design something for example)
Expert:  Ash replied 10 months ago.
Ok - then anything whilst not providing services to the company is your own ip.But whilst you are providing the services, they own the ip.The wording is clear ' inventions arising from the services ' - so if it does not arise from the 'services' this means you own the ip.Does that clarify?Alex
Customer: replied 10 months ago.
when i asked them, they said "for example it would be used if i created a database for them, i couldn't sell or use it for someone else. that would be fine. what i don't want is to invent something off the clock and sell it, then get sued reference the contract.
Expert:  Ash replied 10 months ago.
That would be correct assuming that was a 'service' that you supplied to them.But depends on what is in your duties, if it is to create a database then they are right, you can't sell it on.you would of course be able to produce something else that did the same thing, as long as it was not too similar.
Expert:  Ash replied 10 months ago.
Can I clarify anything for you?Alex
Customer: replied 10 months ago.
sort of, if i could be "providing services" for years, but i get payed on a day rate. if i make something in a day off for example. will the ip be mine?
Expert:  Ash replied 10 months ago.
Yes, if it did not form part of your duties.
Expert:  Ash replied 10 months ago.
Basically anything which forms part of your work for them then you cant sell it and they own the IP
Customer: replied 10 months ago.
ok wonderfull, how do i close this question down (pay)
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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