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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6751
Experience:  Solicitor
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As a distributor if Bearings, I found a client over 10 years

Customer Question

As a distributor if Bearings, I found a client over 10 years ago and along with my manufacturer, we designed a series of top quality bearings for this client.
This has gone well for all these years but now the client is trying to cut me out and go direct to the manufacturer.
I believe I have 1/3rd rights in these products, can I simply be cut out like this?
The manufacturer doesnt want this to happen but fears losing the business altogether.
Submitted: 1 year ago.
Category: Law
Jamie-Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Do you have any form of contract at all? What does it say about cutting you out?

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Customer: replied 1 year ago.
No written contract as such but all paper trails leading back to day one when they didn't even know the manufacturer.
Expert:  Jamie-Law replied 1 year ago.

When you say 'we' designed bearings? Who holds a patent on them, if anyone?

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Customer: replied 1 year ago.
No one, it was agreed between the 3 parties, this problem may have arisen because the client is demanding we sign over IP to them but we are refusing.
Expert:  Jamie-Law replied 1 year ago.

So you have not signed over the IP?

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Customer: replied 1 year ago.
No I have not signed over the IPR neither has the manufacturer
Expert:  Jamie-Law replied 1 year ago.

No you cant be cut out. You own the IP - they can NOT go direct as you hold the IP.

Unless they buy you out, they cant cut you out

Can I clarify anything for you about this today please?

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Expert:  Jamie-Law replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts 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.

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