CLASS 99
The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.
Want to receive Class 99 by email?
Click here subscribe for free.
Click here subscribe for free.
Who we all are...
TUESDAY, 9 JUNE 2009
Joint ownership of designs
Joint ownership of IP is a mess, and my advice is always "Don't go there!". But sometimes it is unavoidable, and that tends also to be when no prior agreement has been drawn up to regulate the rights of the parties. So, if you are a co-owner, can you, without prior permission,
The Design Law Wiki carries an article analysing the EU position. It isn't pretty, but , very broadly, most (not all) countries responding allow each individual co-owner to sue separately of the others, but do not allow her to license separately of the others. Which laws apply to a jointly-owned Community Design are determined by the complex, yet incomplete, algorithm of CDR Article 27, for which Spain is the default country. We can only hope that AIPPI succeed in finding a harmonised solution, and that the EU can be persuaded to follow it. Posted by: David Musker @ 17.22
Tags: eu, ownership,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA20
Joint ownership of designs
Joint ownership of IP is a mess, and my advice is always "Don't go there!". But sometimes it is unavoidable, and that tends also to be when no prior agreement has been drawn up to regulate the rights of the parties. So, if you are a co-owner, can you, without prior permission,
- Work the invention yourself (and have someone work it for your "home use")?
- License others non-exclusively?
- Assign your share?
- Sue third parties?
The Design Law Wiki carries an article analysing the EU position. It isn't pretty, but , very broadly, most (not all) countries responding allow each individual co-owner to sue separately of the others, but do not allow her to license separately of the others. Which laws apply to a jointly-owned Community Design are determined by the complex, yet incomplete, algorithm of CDR Article 27, for which Spain is the default country. We can only hope that AIPPI succeed in finding a harmonised solution, and that the EU can be persuaded to follow it. Posted by: David Musker @ 17.22
Tags: eu, ownership,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA20
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
The Class 99 Archive
