Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1 6/24/83; site unisoft.UUCP 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.)