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8.2. The joint ownership interests created in connection with a co-proprietorship are governed by special rules whose purpose is to facilitate the management of the real estate property (French Act of 10 July, 1965, and Decree of 17 March, 1967).
In such a case, the company will then usually seek exclusive access rights for a negotiable period. “Joint registration of property is always … Delays in the judicial process mean that it is likely to be up to three years before a hearing could take place, with a right of appeal to either side.One of the owners can also dispose by way of sale or gift that part of the property they own. Apart from the intellectual property, the joint ownership also witnesses' joining of the economic value of the trademark is crucial to each individual joint owner. Joint ownership as the name implies, presupposes that each party has a right of ownership in the land and can exercise such power accruable to them on the property. In the case of sale of their part of the property they are obliged to grant a right of pre-emption to existing owners. We refer to forced co- ownership since this state of indivision is in principle perpetual. The divestment of jointly owned intellectual property rights also creates challenges. Ownership of the intellectual property which arises as a result of the innovation is the most critical issue to resolve.Jointly-owned intellectual property may also be the “’easy” option, as it does not require in-depth discussion about how the intellectual property should be divided out, plus it does not seem to give any advantage to one party over another. At the very least, intellectual property ownership should be discussed and agreed before any money has been expended on the patenting process. The “territorial” nature of intellectual property refers to the fact that countries enact their own intellectual property laws, typically by statute, and these intellectual property laws have no application or force outside the country in which they are enacted. Conveyancing (the legal term is conveyance, but conveyancing is more commonly used) is the processing of paperwork involved in buying and selling property and transferring the deeds of ownership. Also warranties typically require full ownership. Finally, my sister took possession of the property after extensive paperwork, mental torture and time,” recounts the brother-in-law of the deceased.
A jointly-owned wall is a wall which is common between two neighbors of which they are joint owners. Such joint ownership interest and co proprietary right are collectively referred to as a lot.
On the death of one of the owners, and where the deceased leaves children, a surviving unmarried partner has limited rights, as the property of the deceased passes to the children of the deceased who share the property indivision. This may not ordinarily be an issue between a couple, but could be a problem between several unrelated people, or following an inheritance, when the property may be shared between several inheritors.If no agreement can be reached it would be necessary to apply to the court for an order to be obtained authorising the sale of the property. However, the powers exercisable on the land must be exercised jointly by the parties. Ownership of French Property 'En Indivision' This is the most common method of joint ownership and in English law is equivalent to a ‘tenancy in common’. If one joint owner wishes to sue rather than license a third party, any other joint owner can terminate the law-suit by simply refusing to join in or by granting a license.Many business people and even experienced intellectual property Attorneys and practitioners lack the in-depth appreciation of what joint ownership really means in practice, but they accept it nonetheless because “it seems fair” or “it has always been done that way.” In reality, joint ownership of intellectual property is fraught with danger and contrary to common perception, it is often unfair and, even worse, is usually unworkable.There are differences in intellectual property law, or the interpretation of intellectual property law, between jurisdictions. Joint ownership should never been seen as the “easy option”.It is advisable to avoid jointly owned intellectual property rights. The property is purchased by two or more persons, with each one holding a stake in the property in whatever terms that may be decided between them. The proceeds generated from any business from the said joint ownership/venture shall have to be divided equally or … En indivision. Jointly owned intellectual property rights however may be defined as two or more parties having shared ownership and control of the very same intellectual property rights or patents.