How likely is it that this would come back to haunt me?

September 24, 2009 6:59 PM

If someone enters a scientific "Theoretical Challenge" under my name and wins the competition, would that come back to haunt me even though all intellectual property rights would be relinquished to the company running the challenge?

I have a parent who is in the process of coming up with the financing for a new investment, and though it is doable, it will be very tight for them for the next several years. They are a researcher by profession, and have discovered a scientific competition in which they need to create a theoretical solution to a proposed challenge.

This presents a conflict of interest to their current workplace and they would not normally be allowed to accept the cash prize, should they win. Their theory is that since this particular challenge requires that the entrant/winner relinquish all intellectual property rights, they should be able to enter the contest under my name.

If they don't win, no harm done. If they do win, what implications would that have for me? Taxation is the obvious one, but is there a chance my name would be linked to this project somehow even after all the intellectual property rights are transferred?

I'm rather wary and skeptical of the whole situation, but I do know how tight things are for them right now and I'd like to be able to help out. If I refuse, I would like to have a more solid reason beyond "I don't feel comfortable with it". I'm aware that this is a perfectly legitimate point, but please humour me and come up with other concrete consequences.

I'm in Canada, and living away from home. Thanks in advance!

posted by anonymous to law & government (5 comments total)

This presents a conflict of interest to their current workplace and they would not normally be allowed to accept the cash prize, should they win.

A conflict from whose point of view? Their employer or the contest operator? If the contest operator would normally not allow them to enter, then what you're proposing is fraud, plain and simple.

If the problem is solely with their employer, you may be proposing a breach of their employment contract.
posted by jedicus at 7:03 PM on September 24

Other then taxes, I'm having trouble imagining what you think the negative consequences of winning a science contest would be, even if you could keep the intellectual property. If someone asked you, you could say you entered but your dad helped you with a lot of it, or something.

Also, I'm under the impression that contest winnings aren't taxable in Canada, but I'm not certain. Assuming they are, as they would be in the U.S. you would have to pay taxes on the money, and then you could give the rest to your dad.
posted by delmoi at 7:08 PM on September 24

You said it: your parent is not allowed to win the cash prize.

Anything beyond that is just sketchy and possibly illegal. Especially if the winnings are substantial, you know there are gonna be questions and a good possibility that one of you will slip and let the cat out of the bag.
posted by futureisunwritten at 7:13 PM on September 24

but is there a chance my name would be linked to this project somehow even after all the intellectual property rights are transferred?

In my experience these sort of competitions have a lot of publicity that goes with being the winner. At the very least there should be a press release with your name and details on it along with details of the project. They're likely not going to take the credit for your idea even when they do own the IP. If they think you're good enough to win they also think you're good enough to celebrate, plus it's good for the competition. So yeah, you're going to be publically linked to the winning entry should that happen.

Of course this competition may vary so take a good look at the rules and regulations for entering and see how they've handled previous winners (assuming it's not new). You could also ask the organisers what sort of publicity they're planning if you can't find out otherwise. Then decide how comfortable you are with that level of linkage given the unethical misrepresentation that would be at the heart of your entry.
posted by shelleycat at 7:30 PM on September 24 [1 favorite]

"{Parent}, I can't take a chance on participating in fraud."

Also, if you have no history of academic work or employment in this particular arena of research, and one of your parents does, the contest organizers will figure it out. I have never seen a contest like this for which one did not have to submit a detailed biographical statement, and this is one of the reasons why.
posted by Sidhedevil at 8:53 PM on September 24