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  1. #1
    Join Date
    Dec 2010
    Posts
    2

    Default Employer's Right to Intellectual Property

    Hey guys,
    I have an intellectual property clause in my contract that goes as followed

    -------------------------------------------------------------------------------------------------
    During the employment period, and for a period of twelve months thereafter, Employee shall
    disclose immediately to COMPANYNAME all ideas, inventions and business
    plans that he/she makes, conceives, discovers or develops during the course of
    his/her employment with COMPANYNAME, (whether or not protectable upon application of
    copyright, patent, trademark, trade secret or other proprietary
    rights) (hereinafter "Work Product") that: (i) relate to the business of COMPANYNAME or any
    customer or supplier to Diamond Technology or any of the products or services
    being developed, manufactured, sold or otherwise provided by COMPANYNAME
    or that may be used in relation therewith
    -------------------------------------------------------------------------------------------------

    The company that I work for primarily develops two business related web products using .NET technology, that customer pay to use as a service. I want to create a social network site for students using a ruby framework, I'm wondering if my employer would be able to own my product. This will be done on my own time and using my own resources.

    The reasons I asked is that my employer said that basically anything we do is owned by the company and that is not the understanding I have from the contract.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Employer's Right to Intellectual Property

    If a social network would be covered by that provision (or the subsequent, omitted language) then it's governed by that language. We're not in a position to guess.

  3. #3
    Join Date
    Dec 2010
    Posts
    2

    Default Re: Employer's Right to Intellectual Property

    Thanks for the reply, the rest of the clause just speaks about stealing customer from my employer, creating work that results form work given and work created using work resources. If my understanding is correct you are saying that, if a social network is indeed covered by the intellectual property clause in would be covered by what I just mentioned.

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Employer's Right to Intellectual Property

    The only entity that knows if a social network is covered by the clause is your employer. We have no idea and can only guess - and you most definitely don't want to proceed based on the guesses of a bunch of complete strangers on the intranet! Ask your employer.

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