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Path: utzoo!watmath!clyde!floyd!harpo!decvax!ucbvax!ucbtopaz!unisoft!kevin
From: kevin@unisoft.UUCP
Newsgroups: net.legal
Subject: Re: Intellectual property agreements with an employer
Message-ID: <215@unisoft.UUCP>
Date: Mon, 5-Mar-84 00:15:04 EST
Article-I.D.: unisoft.215
Posted: Mon Mar  5 00:15:04 1984
Date-Received: Wed, 29-Feb-84 11:25:06 EST
References: <349@bnl.UUCP> <383@decvax.UUCP> <996@cbosgd.UUCP>, <305@dual.UUCP>
Organization: UniSoft Corp., Berkeley
Lines: 35

For those of you in California, these are some things that I remember:
(I may well be wrong. Please correct me if you know better)

1. Non-Competition: You cannot be restricted from competing against your
employer by virtue of an employment agreement unless that agreement also
is for the sale of a trade or business. You cannot waive this protection
and you must be affirmatively told of its existence in an employment contract.
(Many employment agreements that I've seen do it by referencing the Cal. Civ.
Code ###, which doesn't mean snot to most people) (CA Only)

2. If you go to court, the employer will carry the burden of proving that
you swiped his/her intellectual property (naturally, since they are the
plaintiff). In addition, since you are a poor helpless individual against
the nasty interests of big business, doubtful questions of fact will
likely be held in your favor.

3. In general, what you take out the front door of an establishment
in your head is yours. What you take out in your hands is the employer's.
Moral: Have a photgraphic memory. Note that this has obvious limitations.

4. An employer cannot require you to grant rights in all you invent during
your employment (CA only, again). He/she can only require that you hand over
that which you invent on company time using company equipment. If you invent
something in your garage on your own hours, even if related to the company
business, you're ok. This right cannot be waived by the employee as far as
I know.

Intellectual property laws vary from state to state. California is very
"progressive" about protecting employees in the hi-tech industry. Whether
this encourages pirating, employment-mobility or exchange of ideas is any-
one's guess. I'll try to look in UniSoft's copy of the "Computer Law
Reporter" and see what else I can find, if anything.

(Again, I make no promises any of this info is truly correct.)