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You mean this? California Labor Code Section 2870 provides as follows: Any provision in an employment agreement which provides that an employee shall
by _odey 5y ago
You mean this?
California Labor Code Section 2870 provides as follows:
Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or (2) result from any work performed by the employee for the employer. To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under California Labor Code Section 2870(a), the provision is against the public policy of this state and is unenforceable.
Will it be relevant to UK employment too?
- seanwilson 5y ago> except for those inventions that either: (1) relate at the time ... to the employer’s business So if the domain of your side project has nothing to do with what you're actively involved in at work, but your employer is involved in or has a business interest in that domain, the employer can claim ownership? Which for many large companies (especially e.g. Google) is a lot of domains?
- jiveturkey 5y agoyes and yes
- onjectic 5y agoSo this thread caused me to deep dive into California law, as I work on software projects at home and for a living. From things I have read, yes, this exception is that broad. BUT then I did some more reading and happened upon this article which seems to say otherwise? https://www.natlawreview.com/article/employment-law-and-patent-law-collide-federal-circuit-rules-california-s-non-compete https://www.natlawreview.com/article/employment-law-and-pate... The key thing being California Business and Professions Code § 16600 which seems to be on the side of the employees. Can anyone more familiar with this stuff confirm my understanding?