Intellectual Property Law

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I am a U.S. citizen (resident in TN) looking to partner with…

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I am a U.S. citizen...
I am a U.S. citizen (resident in TN) looking to partner with two people (one is another US citizen resident in FL, the other a citizen of Russia with his own sole proprietorship) for developing and operating software used to invest in financial markets (futures, stocks, etc). There is a higher cost required for market data subscriptions if investment accounts are registered as a business, as well as regulatory requirements when pooling capital, so I would prefer to maintain separate investment accounts from my prospective partners, as individuals. For the first several months, only my investment account will be active in making investments.
The primary issue to address is how to qualify/quantify/securitize intellectual property, where knowledge and software code are concerned but still of an 'intangible' nature, such that royalties, dividends, or other forms of compensation can be made when I use said partners' work in running investment strategies on my own account, and likewise for their use of my IP...a 'profit sharing' regiment of-sorts...
...my first idea is for each of them to create a tiered, monthly 'subscription' service which they offer to me, and I pay them a fixed fee (say 'tier 1') for use of their code in my investment operations. The next tier may be a variable rate, floored at zero, which would correspond to some agreed percentage of the profits for that month, consistent with some parallel 'partnership' agreement which we'd have. But again, that is just a rough idea.Other issues to be addressed:
1) best corporate entity for the partnership, given the aim of minimizing regulatory issues (FATCA, etc), and that the Russian citizen is looking to pay U.S. taxes in aims toward applying for U.S. citizenship.
Examples:
a) personal investment company (PIC) https://www.law.cornell.edu/uscode/text/26/542
b) International Business Corporation (IBC)2) in event of dissociation, how to compensate other partners for IPAny case studies, white papers, etc for starting reference so that I may consider new ideas would seem to be useful at this point.
Submitted: 4 months ago.Category: Intellectual Property Law
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Customer reply replied 4 months ago
There are not currently any trademarks, patents, or copyrights assigned to any of the IP. My first idea for my own IP, anyway, is to assign some/all of it as 'Trade Secrets.'
Customer reply replied 3 months ago
I will add a $20 bonus if this can be answered by 12/31)
Answered in 6 days by:
12/23/2017
IP Lawyer: Asad Rahman, Lawyer replied 3 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2,400
Experience: Practicing Attorney with 10 years experience
Verified

I would be happy to help you through my firm. Your question is fairly complex and depends a lot on the parties' intent. Perhaps we could schedule a phone call to discuss.

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Customer reply replied 3 months ago
Hello Asad, I would be okay with that, but for now, would you have a preliminary estimate of time/cost for us to discuss this as I have described it?
IP Lawyer: Asad Rahman, Lawyer replied 3 months ago

I think the cost can range between 10K-20K depending on complexity.

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Customer reply replied 3 months ago
Hello Asad, I am sorry, but I am not prepared to spend 10K-20K for such a structure at the present time. Thank you for your estimate.
IP Lawyer: Asad Rahman, Lawyer replied 3 months ago

I understand. I wish you the best of luck.

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Asad Rahman
Asad Rahman
Asad Rahman, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2,400
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Experience: Practicing Attorney with 10 years experience

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