Legal Question in Intellectual Property in Australia

I have been doing some work for a startup on IT issues (on the promise of cash and shares when they get off the ground). At the outset we signed a conf agreement, and I stipulated that it's IP section, read that we have joint Ownership of any specific IP that I developed. The firms CEO, is now tring to force me to agree to a new agreement, cancelling the terms relating to the original agreement, and in fact agreeing to new terms which he has yet to define, yet apply retroactively. Is there a precedent, or whatever for the applicability of agreements in retrospect cancelling prior agreement, particularly with open ended, undefined clauses.

He also claims to have advise that "Joint IP agreements" are "rare" in the IT industry. I don't think so - any metrics?


Asked on 2/07/11, 6:19 am

1 Answer from Attorneys
Steve White White SW Computer Law

You need to get some legal advice as soon as possible.

Your problem happens all the time.

The answer to your question depends on a whole range of issues including, without limitation, what the terms of your agreement are (written and oral), your (unspecified) IP rights and how they may or may not be used.

Retrospectivity does not apply unless you agree to do so - but again you need legal advice to protect your position.

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Answered on 2/07/11, 4:24 pm


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