4 ms·
Doesn't that make part of the agreement a tautology, though? "I will promptly communicate to the Company ... during my period of employment, and I agree that a
by Spoom 9y ago
Doesn't that make part of the agreement a tautology, though?
"I will promptly communicate to the Company ... during my period of employment, and I agree that any such invention ... shall be presumed to have been made during my period of employment..."
Wouldn't a simple assignment clause during the employment term be both clearer and provide the same rights?
- zekevermillion 9y agoBelt and suspenders. There should be an assignment clause -- if not, the agreement is totally defective! The assignment clause is of course the key part. But there are also further assurances, that make it easier for the company to "protect its rights" as it were. It's about risk shifting. If there's a dispute, how hard does the company vs the employee have to work to make out a claim and prove damages. The rationale for company-favorable clauses is that the company has more to protect, and has the same relationship with every employee -- thus an accumulation of risks. I personally have decided I no longer view proprietary software as an ethical business model, and I would never agree to assign my rights to such a company under most circumstances. But that is a personal decision that also makes me unemployable, ahah.