Anyone Know a Good IPR Lawyer

[tomash]

I have recently had a falling out with a former employer It transpires that I wrote the database which forms the core of their systems (and also some other key components) before i worked for them and that they never offered to pay me anything for it.

I need to find out the legal situation with regards to IPR on the stuff and also licencing issues.

Anyone here deal with this sort of thing or can they recommend a good lawyer/solicitor for me to talk to.

Cheers

Tom

[JonRB]

Hmmm. You could yourself be in hot water depending on when and under what circumstances you wrote the original code.

Also, if your contract of employment says that they own everything you produce and everything that you provide unless agreed in writing (quite common) and you did not agree in writing that you were licensing this technology to them rather than giving it to them, then in my layman's opinion you might be on a sticky wicket and they could own it by default.

Note that this is all just a layman's view and this advice is worth every penny you paid for it.

[tomash]

No Contract of employment as I did'nt work for them when I wrote the code

edited to say no contract of employment even when I did work for them

>> Edited by tomash on Tuesday 23 September 15:00

[dontlift]

So how did they get it then?


I can see 2 scenarios either

a) you gave it to them, in which case you are screwed (unless you made them sigh a license agreement etc)

b) they stole it - highly unlikely

>> Edited by dontlift on Tuesday 23 September 15:08

[tomash]

dontlift said:

So how did they get it then?

I designed all their systems and got the code written in India when I worked there and based it all upon the database I had written for the Proof of Concept.

I wrote the POC and they asked me not invoice them as thy couldnt afford to pay at the time ( how Fin stupid am I)

Of course onec the system is all up and running they fire me and refuse to pay the month in lieu of notice.
So I just want to know what the deal is vis a vis IPR as I already taking them to an industrial tribunral

[dontlift]

Given you agreed not to invoice them, you are screwed on that front, go after then for the month in lieu and that will be your lot i expect, that is unless you have something in writing to the effect of your ownership of the rights unless paid for etc

>> Edited by dontlift on Tuesday 23 September 15:13

[JonRB]

Absolutely. Unless you have some form of Licensing Agreement with them, or some other proof that you retained ownership of the code, then you're pretty well screwed as they could just claim that you wrote it for them under the terms of your employment. The fact that you didn't invoice them for the POC is immaterial really as you were still technically working for them even though you waived the right to payment.

(Usual disclaimers about this being layman's advice apply)

[tomash]

JonRB said:

Absolutely. Unless you have some form of Licensing Agreement with them, or some other proof that you retained ownership of the code, then you're pretty well screwed as they could just claim that you wrote it for them under the terms of your employment. The fact that you didn't invoice them for the POC is immaterial really as you were still technically working for them even though you waived the right to payment. (Usual disclaimers about this being layman's advice apply)

I was under the impression that the SQL script used to create the database is a copyright work. As it has a copyright notice on the top that is all I need to do to enforce my copyright to the "Original Work"

I agree that while I worked for them I signed over my IPR to the company for all work done while employed. This is enshrined in Law. However when not employed by the company or when not having been paid for work I retain the copyright to all the work done.

Also I have the problem that there is NOTHING in writing on either side.

>> Edited by tomash on Tuesday 23 September 15:47

[zoomer]

Email me off board - am 9 years qualified barrister doing IPR work for investment bank in the IT field. Happy to advise a fellow PHer.

[tomash]

zoomer said:

Email me off board - am 9 years qualified barrister doing IPR work for investment bank in the IT field. Happy to advise a fellow PHer.

I would do old son but you have'nt exposed your email on your profile.

Try Mine. Cheers for the offer.

[Cacatous]

Could you not do a retrospective invoice for works carried out before you joined?

If you haven't agreed to give it to them for nothing then there shouldn't be a problem in sticking in an invoice now.

The dates for the POC should weigh in your favour.

Or am I talking bollox?

[JonRB]

zoomer said:

Email me off board - am 9 years qualified barrister doing IPR work for investment bank in the IT field. Happy to advise a fellow PHer.

Ah well, in that case I shall bow out. But if any of it is non-prejudicial then I'd be interested in enhancing / correcting my layman's knowledge with the correct answer.

[tamago]

speak to Bird and Bird, they are top IP/IT lawyers. Their fees will be expensive (City rates)but a preliminary diagnosis on the phone should enable you to form a commercial view on whether you should pursue it further.

edited to add their website www.birdandbird.com
and I don't work for them!

>> Edited by tamago on Tuesday 23 September 22:35