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Intellectual property in a partnership?
My partner and I have formed a small business. Both of us have brought Logo, words, concept, etc. to the start up business. I say that neither of us owns what we brought to the business. But that the business owns it. She disagrees and has her own ideas as to who owns what. If per chance the business partnership ends, who owns what? I realize some one will say, get a lawyer, to look after each others interests, but at the moment a lawyer is not in the start up budget. Thank you for your help.
3 Answers
- 1 decade agoFavorite Answer
You need a partnership agreement. Obviously, the best approach would be to use a lawyer and put a legal agreement in place. You will each need your own counsel to look after each of your rights. Since, as you say, its not in the budget I would at least work out a outline of terms that both of you agree to. Have the outline signed and dated by both parties and have it witnessed by a third party. If you can't agree on what the company should own and what should remain individual rights then perhaps you two are not well suited to be business partners. One thought for you... you can each retain ownership of the logos, concepts, etc. but give your business a royalty free license. This would clearly be best done with an attorney.
- 1 decade ago
Assuming no prior written agreements and that you haven't formed a corporation or Limited Liability Company (L.L.C.), and that you've both put things into it, you both own everything. The partnership you created really has no separate existence.
A corporation or LLC would.
Another thing you should both be aware of is that if either of you incurs a debt on behalf of this partnership and the business closes down, you each owe all of the debts that the business incurred.
It's for these reasons that most knowledgeable people will tell you that a partnership is the very worst form of business entity to create. Assuming you're in the U.S., the LLC may be your best choice because it's: a)easy and cheap to create; b) doesn't require a lot of paperwork to maintain; and c) because you get to treat your profits as either a corporate or individual basis (you choose in your first year and it then proceeds under that choice).
Good Luck.
Source(s): Business experience and some law school. - arshadLv 45 years ago
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