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Ask HN: I've been asked to sign a IP Assignment Deed as an employee

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Re: Ask HN: I've been asked to sign a IP Assignment Deed as an employee

#21

Post by droithomme »

mordrax wrote: post #4
deedubaya wrote: post #2

If you're no longer employeed by the selling company, it would seem that you have nothing to gain by signing.

I guess my angle isn't: What is there to gain for me. Even though I was made redundant, the employer is nice and I'd have no problems signing it. But it's the first time I'm asked to sign one of these things and some of the things I'd be agreeing to doesn't even sound like it's in english. I don't want to inadvertently sign over any side project I was working on in that time or IP for the industry I was working in or…

They laid you off. You owe nothing to either party. You should not sign the contract. If you must sign it, you have to have a qualified IP attorney do a contract review. A qualified IP attorney is expensive. A contract review of this nature should cost you a few hundred an hour. It won't be done by your family attorney, and probably not by an attorney in your town unless you live in a major metro area that is an IP hotbed.

Re: Ask HN: I've been asked to sign a IP Assignment Deed as an employee

#22

Post by vacri »

iaw wrote: post #17

In order for a contract to be considered enforceable both parties must receive consideration[1]. When you worked at the company your consideration was continued employment. Were I in your shoes I'd ask for an amount of consideration with what you believe is commensurate with a "reasonable" value. If this is a small sale, something like $10,000. If it's a large sale, $100-200,000. The point being that if they want you…

For those not in the know, this is what 'peppercorn' contracts are about, where one side pays $1 (the 'peppercorn', ie: not worth much) in exchange for the other side's stuff. Usually it's done for things that are considered an overall net liability.

Re: Ask HN: I've been asked to sign a IP Assignment Deed as an employee

#23

Post by [deleted] »

notyourwork wrote: post #14
xenadu02 wrote: post #5

Earlier quoted context omitted.

This is all risk for you... why would you take on that risk with no compensation for an employer that fired you?

Some times it can behoove one to keep a relationship amicable and not be hostile or hold a grudge.

[deleted]

Re: Ask HN: I've been asked to sign a IP Assignment Deed as an employee

#24

Post by [deleted] »

mordrax wrote: post #4
deedubaya wrote: post #2

If you're no longer employeed by the selling company, it would seem that you have nothing to gain by signing.

I guess my angle isn't: What is there to gain for me. Even though I was made redundant, the employer is nice and I'd have no problems signing it. But it's the first time I'm asked to sign one of these things and some of the things I'd be agreeing to doesn't even sound like it's in english. I don't want to inadvertently sign over any side project I was working on in that time or IP for the industry I was working in or…

[deleted]

Re: Ask HN: I've been asked to sign a IP Assignment Deed as an employee

#25

Post by ajdlinux »

iaw wrote: post #17

In order for a contract to be considered enforceable both parties must receive consideration[1]. When you worked at the company your consideration was continued employment. Were I in your shoes I'd ask for an amount of consideration with what you believe is commensurate with a "reasonable" value. If this is a small sale, something like $10,000. If it's a large sale, $100-200,000. The point being that if they want you…

The words "IP assignment deed" would suggest it's a deed, not a contract, and a deed does not require consideration (though it may include some consideration that allows it to be enforced as a contract if a court finds that the requirements of a deed were not met)

(IANAL, I've had to get lawyers to write up IP assignment paperwork before though)

Re: Ask HN: I've been asked to sign a IP Assignment Deed as an employee

#27

Post by mdotk »

iaw wrote: post #17

In order for a contract to be considered enforceable both parties must receive consideration[1]. When you worked at the company your consideration was continued employment. Were I in your shoes I'd ask for an amount of consideration with what you believe is commensurate with a "reasonable" value. If this is a small sale, something like $10,000. If it's a large sale, $100-200,000. The point being that if they want you…

deeds don't need consideration

Re: Ask HN: I've been asked to sign a IP Assignment Deed as an employee

#28

Post by mdotk »

Illniyar wrote: post #26

They want you to sign something after you left? Don't be a fool, you shouldn't sign anything. Its a hit and miss tactic, some will sign and the lawyers will have a little bit more gurantee, but many won't and it will not hold up the sale.

agreed, why sign anything after you've left. you don't owe them jack

Re: Ask HN: I've been asked to sign a IP Assignment Deed as an employee

#29

Post by tempestn »

xenadu02 wrote: post #5
mordrax wrote: post #4

Earlier quoted context omitted.

I guess my angle isn't: What is there to gain for me. Even though I was made redundant, the employer is nice and I'd have no problems signing it. But it's the first time I'm asked to sign one of these things and some of the things I'd be agreeing to doesn't even sound like it's in english. I don't want to inadvertently sign over any side project I was working on in that time or IP for the industry I was working in or…

This is all risk for you... why would you take on that risk with no compensation for an employer that fired you?

There is something between doing it out of the goodness of your heart and milking them for all they're worth though. He could reasonably ask that they pay his legal fees and compensate him for his time dealing with this. (A couple hundred an hour, say, or whatever he feels is reasonable.) Then choose a good IP attorney to look over it. That's based on the fact that he says he's on good terms with the previous employer and would like to help them out.
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