A recent case involving a dispute between the famous Mayo clique and a former employee, a doctor, was on legal news. Mayo and Dr. Peter Elkin are fighting over who owns the rights to the software that Dr. Elkin is involved in developing. According to the report National Law Journal (published March 9, 2010 at Law.com), the case was sent to court after the court of first instance refused to judge the court of both parties.
The released software helps to manage medical information and displays it in a clear and understandable format. According to the report in Pittsburgh Tribune Review (published March 16, 2010 on the newspaper’s website), both sides agree that the software has great economic value.
Consideration of the essence of the Mayo / Elkin dispute is beyond the scope of this article. However, the nature of the dispute raises a fundamental question that often raises its head in trade secrets, copyright and other legal disputes in the field of intellectual property: do you own what you consider to be your owner?
The vision of recent college graduates (or retired) who write software or develop other technologies in the store's office or in the garage is a modern version of the American dream of rising from tatters to wealth. Such efforts are not necessarily just gossip pipes. In fact, modern technology and lower barriers to entry probably make it more possible than ever for an entrepreneur to achieve even a small financial success, if not the next billionaire.
In many cases, friends will work together to develop a technology or other invention. Sometimes entrepreneurs will “collaborate” with another company for a specific purpose. In some cases, the investor will enter the mix.
In each case, if intellectual property rights are not properly documented, the possibility of a future dispute becomes real. In addition, the possibility of a future dispute or suit increases in direct proportion to the success of the enterprise. More frankly, hardly anyone will fight for useless technology. However, it is highly likely that disputes will develop in comparison with valuable technologies, as evidenced by the dispute between the Mayo clinics and Dr. Elkin.
When inventors or entrepreneurs consider that they have developed, invented or written something valuable, it is crucial to consult with an experienced lawyer before entering into any relationship with a third-party business partner or investor. It is equally important that people working together document their respective rights and obligations regarding technology, writing or invention.
This is definitely not the case when inventors, entrepreneurs or investors should try to do it themselves or use online forms. Do not assume that every lawyer has the necessary experience or experience to prepare proper documentation.
When the documentation is not properly prepared, the emerging legal process can, from the point of view of a lawyer, be very interesting. The trial will certainly be very expensive. At the moment, however, the client, of course, is kicking himself for not properly earning at the front end.
It all boils down to another example of the fact that the readers of my previous articles will recognize as the main directive: it costs much less to deal with a legal problem on the front side than to try to figure it out in the background, in particular, through a trial, The basic directive applies in particular to intellectual property rights.
