For example, the assertion of ownership is prudent simply because the idea was conceived or developed at home, during working hours or with personal equipment. The fact that a worker has used the employer`s equipment alone is not sufficient to demonstrate that the employer should own the intellectual property created by the use of that equipment. Similarly, it is not enough for the employee to claim ownership simply because he used his personal equipment or because he conceived the idea at home. The analysis will look in detail at the role of the employee in the company and whether the idea comes from that role. Thus, the employee in the shower at home, who suddenly imagined the much sought-after solution on which he worked, cannot claim ownership of the idea simply because the idea was born in the shower. Similarly, an employer cannot assert rights to the creation of home-built computer software by an employee in which the employee`s role is not related to the player`s position, even if the employee has taken notes on his gambling ideas during working hours or tested those ideas on the employer`s computers. intellectual property. Nothing in this agreement will work to transfer the intellectual property rights of one party to the other party. Finally, the subsection invites the seller to list all his previous inventions. The assignments of work products cover only new work and often the seller was unable to attribute previous inventions, even if he wanted to because third parties owned them. This is why customers want to identify previous inventions in advance in order to avoid conflicts and want them to be kept out of the seller`s work. Some clauses on working products go even further. If, despite all these precautions, the seller incorporates an earlier invention into the work product, the seller grants the customer a broad license to use it (such as the subsection backup license (c)).
Suppliers should, of course, hesitate before granting such a licence, particularly where third parties own some or all of their previous inventions. Finally, employers should consider using similar provisions or agreements to “assign inventions” or “discovery property” when working with independent contractors. The independent licensing agreement should make it clear that the author work of the independent contractor, finished product, invention or other intellectual property will be exclusively owned by the company, without licensing or licensing fees. In the agreement, the independent contractor should also “hereafter” cede all intellectual property rights in order to eliminate any issues when the company pursues a patent or copyright. changes. “Changes,” all additions, updates, improvements, error errors, new versions or any other changes to intellectual property granted by both parties during this Agreement.