Re: Employer's right on independent research conducted by employee
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Posted by M. Arthur Auslander on November 16, 1999 at 03:56:14:
In Reply to: Employer's right on independent research conducted by employee posted by Name on November 15, 1999 at 17:49:59:
: If an employee conducts independent research (e.g. in a
: university or by himself) on his/her own time, can the
: employer claim right to the IP generated from it? If
: so, under what circumstances? What are the precautions
: that may be taken to avoid such claims? Does it make
: any difference if the employer pays for the employee's
It mostly depends on the written employment contract and or the nature of the job. If you are hired as a researcher it is tougher. I had a client once that came up with an idea that was independant of the job. He inquired as to his employment contract and was met with, "You don't have one. Sign or leave!"
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (sm):
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com : coursework etc. as a benefit?
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