In Reply to Parent Post by Tommy68
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.