Legal Question in Intellectual Property in California

proprietary information and a proposed affiliation

Is one partner in a new business affiliation required to share any or all of its proprietary ''assets'' with its new affiliate?

If you can take a second question, how does one define a business affiliation, and distinguish it from a purchase or merger or other form of partnering?

Many thanks.

Asked on 6/06/02, 6:11 pm

3 Answers from Attorneys

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Re: proprietary information and a proposed affiliation

Whether or not business affiliates share in proprietary information is a contractual matter, not something that is governed by statute.

You have not provided enough detail for an attorney to be able to advise you.

D. Alexander Floum is an experienced intellectual property attorney and a law school professor.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

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6/06/02, 6:21 pm
John Fagerholm Law Offices of John W. Fagerholm
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Re: proprietary information and a proposed affiliation

The questions you are asking sound more like conract or business formation questions. Give me some specifics and I will try to answer your question for you. I just don't want to give you a contract or corporate answer if your question really is intellectual property related.

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6/06/02, 9:33 pm
Amy Ghosh Law Offices of Amy Ghosh
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Re: proprietary information and a proposed affiliation

Before you share any proprrietary ifo. with anyone make them sign a non-disclosure. Business affiliation is very different from regular partnership or merger. In affilation both organizations remain independent entity.

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6/07/02, 12:24 pm

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