Employment Agreement Ip Assignment

Although there is no case law on this point, an employment contract in Oregon may require the worker to award all inventions and patents that he designs and develops during his employment, regardless of the time, place and purpose of the invention. Indeed, at least one Court in Oregon has stated that the place and timing of the design of the invention should not be removed from whether an employee or the owner of the employer is the invention, because it is difficult to understand how a worker can cut his mind as he pleases – that is, think only during the hours of noon or night and then pretend that he did not work for the company at that time to whom the idea opens. Mainland Indus., Inc., 58 or about 591. On the other hand, it is possible for an Oregon court to find that a provision that requires the transfer of all the worker`s ideas – regardless of the extent of the employer`s business and the relationship between the employee`s idea and the employer`s affairs – is excessive and unacceptable. Apart from these two situations, it is up to the employer to specify in a clause of transfer and transfer of intellectual property in the employment contract that the employer wishes to own the patent. In the absence of such a clause, the Canadian common law determines who owns the invention. As good practice, these issues should be explicitly addressed in agreements for security reasons. Brand ownership depends on who uses the brand and not on the person who creates or designs it. Note, however, that copyright issues related to the copyright of a logo may have the effect of copyright issues discussed in the sections above. Companies that entrust independent contractors to make logos for their brand may wish to obtain a copyright transfer in the logo to avoid any uncertainty about ownership and its ability to reproduce the brand.

I agree that I will immediately submit full written disclosure to the company, entrust the exclusive right and benefits of the business and transcribe to the company or its agent all my right, title and interest in and for all inventions, original works of authorship, developments, concepts, improvements, designs, discoveries, ideas, brands or trade secrets. whether patentable or on the basis of copyright or similar laws that I am alone or collectively authorized to design or develop or reduce to practice, or that may lead me to conceive or develop or reduce during the period I am in the professional life of the company (collectively called “inventions”). , while I am on duty (together referred to as “inventions”). except as noted below in the “abbreviated exception.” I also recognize that all original paternity works that I produce (exclusively or in conjunction with others) as part and during the period of my employment with the company and which may be protected by copyright are “works for rent” as defined in the United States Copyright Act. I understand and agree that the decision to commercialize or commercialize an invention that I have developed exclusively or in conjunction with others is to the sole discretion of the company and to the sole benefit of the company and that I am not entitled to royalties because of the company`s efforts to commercialize or commercialize such an invention. In order to protect itself properly, your company must ensure that the CIIAA includes an employee assignment to the company in a right, title or interest in the company`s inventions and ip. The provision should deal with inventions that the worker must make during his work in the company. Note that in some states, like. B California, an employer cannot require a worker to attribute all the inventions that appeared during his employment. Accordingly, the CIIAA in California should require the assignment of inventions produced by the employee with any of the company`s durations or resources or that are the responsibility of the company or research and development.