The Elsmar Cove Wiki More Free Files The Elsmar Cove Forums Discussion Thread Index Post Attachments Listing Failure Modes Services and Solutions to Problems Elsmar cove Forums Main Page Elsmar Cove Home Page
Go Back   The Elsmar Cove Forum > Aerospace and Aviation Standards and Requirements > Federal Aviation Administration (FAA) Standards and Requirements
Forum Username


Search the Elsmar Cove
Custom Search
Monitor the Elsmar Forum
Follow Marc & Elsmar
Elsmar Cove Forum RSS Feed  Marc Smith's Google+ Page  Marc Smith's Linked In Page   Marc Smith's Elsmar Cove YouTube Page  Marc Smith's Facebook Page  Elsmar Cove Twitter Feed
Elsmar Cove Groups
Elsmar Cove Google+ Group  Elsmar Cove LinkedIn Group  Elsmar Cove Facebook Group
Sponsor Links





Donate and $ Contributor Forum Access
Courtesy Quick Links

Links that Elsmar Cove visitors will find useful in your quest for knowledge:

Howard's
International Quality Services
Marcelo Antunes'
SQR Consulting
Bob Doering's
Correct SPC - Precision Machining

NIST's Engineering Statistics Handbook
IRCA - International Register of Certified Auditors
SAE - Society of Automotive Engineers
Quality Digest Portal
IEST - Institute of Environmental Sciences and Technology
ASQ - American Society for Quality

Related Topic Tags
boeing, easa form 1, intellectual property, pma (parts manufacturing approval), aerospace (general)
Reply
 
Thread Tools Search this Thread Rate Thread Content Display Modes
  #9  
Old 16th December 2011, 09:15 AM
Wes Bucey's Avatar
Wes Bucey Wes Bucey is offline
Quality Manager

 
Registration Date: Sep 2003
Location: Illinois
 
Posts: 10,809
Thanks Given to Others: 501
Thanked 2,925 Times in 1,898 Posts
Karma Power: 1165
Karma: 21101
Wes Bucey is appreciated, and has over 1700 Karma points.Wes Bucey is appreciated, and has over 1700 Karma points.Wes Bucey is appreciated, and has over 1700 Karma points.
Wes Bucey is appreciated, and has over 1700 Karma points.Wes Bucey is appreciated, and has over 1700 Karma points.
Re: PMA (Parts Manufacturing Approval) vs IP (Intellectual Property)

Quote:
In Reply to Parent Post by Tommy68 View Post

We are a manufacturer and supplier of hydraulic pumps in the aerospace industry.
We deliver our products with an EASA form 1 to Boeing and Airliners (spares).

I recently found out that a competitor has a PMA on two of our products.
The PMA is obtained under a license agreement with Boeing.

Does this mean they are copying our product? It seems that they use the same P/N, which indicates fit, form and function is not affected.
In that case, are they not violating our intellectual property??

If not, how can they use the PMA on a legal way?

Hopefully you can clarify this for us!
I agree with Jim Wynne that this is a legal matter separate and apart from regulatory issues.

An attorney may provide an opinion, but, ultimately, only a court of competent jurisdiction may decide who owns the right to produce a product, which will trump any regulatory license or "permission" (like Parts Manufacturer Approval.)

There is a possibility you are not currently in possession of all the facts surrounding this issue, but I suspect the communication between your company and Boeing is lacking in an explanation of WHY Boeing thought it had "right, power, and authority" to allow your competitor[s] to seek and obtain PMA for a product your company (or is it only you who thinks so?) designates as "proprietary."

Yes, follow Jim's advice - get an attorney before you confront Boeing at this point because folks at Boeing know that if they agree with your opinion at this point they create liability for damages which could be huge, depending on the annual dollar volume of the contract.

Best outcome: a financial settlement with Boeing without a trial. A trial could take years to come to a financial conclusion, eating up tons of legal fees. Note there is probably zero liability on the part of your competitors who dealt in good faith with Boeing.

__________________

"Few minds wear out; more rust out"
Inscribed over the entrance of Louis Pasteur School, Chicago
Christian Nestell Bovee (1820-1904) in Thoughts, Feelings and Fancies, 1857

Sponsored Links
Reply

Lower Navigation Bar
Go Back   The Elsmar Cove Forum > Aerospace and Aviation Standards and Requirements > Federal Aviation Administration (FAA) Standards and Requirements

Do you find this discussion thread helpful and informational?


Bookmarks


Visitors Currently Viewing this Thread: 1 (0 Registered Visitors (Members) and 1 Unregistered Guest Visitors)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Forum Search
Display Modes Rate Thread Content
Rate Thread Content:

Forum Posting Settings
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Discussion Threads
Discussion Thread Title Thread Starter Forum Replies Last Post or Poll Vote
Medical Device Exclusivity Period if granted a PMA (Parts Manufacturing Approval) ISO 13485 - Medical Other US Medical Device Regulation Topics 2 13th May 2011 10:04 AM
PMA (Parts Manufacturing Approval) Supplement - Labeling Software Change regcomp US Medical Devices (21 CFR part 820) 2 14th November 2010 08:37 PM
Class 1 Diagnostic Kits - PMA (Parts Manufacturing Approval) Required? Bill Goss ISO 13485 and ISO 14969 - Medical Devices - Quality Management Systems 1 13th September 2010 05:08 PM
Marking Parts Manufacturing Approval (PMA) Parts with a 8130-3 Tag quality24 Federal Aviation Administration (FAA) Standards and Requirements 9 29th July 2010 06:18 PM
TS 16949 Clause 7.5.4 Customer Property, Intellectual Property requirements David J Quality ISO/TS 16949 - International Automotive Quality Systems Standard 5 3rd March 2009 10:47 AM



The time now is 09:31 PM. All times are GMT -4.
Your time zone can be changed in your UserCP --> Options.


   


Marc Timothy Smith - Elsmar.com
8466 LeSourdsville-West Chester Road, Olde West Chester, Ohio 45069-1929
513 341-6272