Welding Procedures - Who Has Ownership

[amc00]

If a company sold off part of their Group and originally had ownership of the Welding Procedures would the Welding Procedures transfer to the new owners?

The company that originally did the welding procedures sold off part of their group but both companies do welding an fabrication. Does one of these companies now need to re-qualify the procedures? Both companies still work closely together but appear to be using the same welding procedures. Is this allowed? If not is there a "cooling off" period whereby one of the companies has a certain amount of time to re-qualify all thier welding procedures?

 

[metengr]

amc00;
If the welding procedures are qualified to ASME B&PV Code, Section IX, the new company that has purchased the assets and welding procedures can use them PROVIDED they reflect the new company name on the welding procedures AND the original weld procedure qualifications are reviewed and accepted "as is" in the Quality Manual.

 

[amc00]

Thanks metengr for a prompt response.

At the moment I am dealing with 2 companies that believe they have ownership of the procedures. What we have is a company that sold off a division of their company but the ownership of the procedures have never been clarified. Both companies have welding a fabrication divisions and both appear to be using the same set of procedures. Who would legally have ownership?

 

[metengr]

amc00;

What we have is a company that sold off a division of their company but the ownership of the procedures have never been clarified. Both companies have welding a fabrication divisions and both appear to be using the same set of procedures. Who would legally have ownership?

Normally, this dispute is settled at the time of the change in owners. You need to seek some legal advice as to the actual owner of the welding procedures and qualification records – these can be considered assets. As I stated, if the welding procedures are transferred to new ownership all one needs to do is to revise the name on the procedure to reflect the new ownership and accept the original company PQR's. In your case, ownership of the welding procedures needs to be determined in this dispute, and this probably requires advice from legal council.

Two companies can use the same welding procedures provided each company has their own name on the procedure, and the original PQR’s are referenced.

 

[amc00]

metengr,

Once again many thanks for a quick response. I'm interested in your final comment. To protect our company it would be helpful to prove that both companies are able to use the same Welding Procedures. Can you tell me where it states that this is possible?

 

[metengr]

Yes, review ASME Section IX, QW-201 and 201.1.

 

[amc00]

Thanks for all your assistance metengr.