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May 2000

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Subject:
From:
Kevin Dale Kirmse <[log in to unmask]>
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Date:
Mon, 22 May 2000 18:36:10 -0400
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Brian Ellis wrote:
>
> David
>
> There are several reasons why a company may not wish something
> published. Your employers, strictly speaking, are within their rights.
> However, in such cases, it is usual to simply withdraw the litigious
> phrases from your presentation, by mutual agreement and let the bulk go
> through normally.
>
> Whether you worked in your time or your employer's is totally irrelevant
> in most cases: most employment contracts throughout the world contain an
> intellectual property clause giving all your rights to the employer.
> Anything that has not been published from previous employments (or the
> periods thereof) and cannot be proved as to when count as if they were
> done during the present employment. On the other hand, if there is
> documentary evidence that the information existed before you left an
> employment, it would belong to that employer. Under neither circumstance
> does it belong to you, assuming usual employment contracts.
>
> If an employer offers you a waiver to publish something in your own
> right, then this is on their terms. Hypothetically, if your previous
> employment was competitive or even complementary to your present one,
> then your present employers can vet the papers to see whether there is
> anything which they can construe as being against their interests. Even
> if in your own time, as they own "your" intellectual property, they are
> also liable for any boo-boos you make. Clearly, if such a waiver exists,
> any presentation and incumbent expenses would be entirely in your own
> time and at your charge.
>
> Whereas I sympathise with your predicament, I would give at least a 95%
> chance you haven't got a leg to stand on. If you press the matter too
> hard, you may find yourself looking for another job and your paper will
> belong to them and you will lose all rights to it, other than the fact
> that your name should always be appended as a co-author. Sorry, but
> that's the way life is.
>
> Brian
>

Things are not necessarily as clear cut as this response would
suggest. With issues such as this it would be best to contact
a lawyer to be sure. An overly broad employment contact that
assigns all IP rights to an employer is generally far less
enforceable than one that is targeted. If there is no written
contract then the employer may have to prove that company assets
were used in creating the IP to have any control over the IP.

---------------------------------------------------------------------
| Dr. Kevin Dale Kirmse, PhD EE
| Portable System Design, High Speed Serial Links
| FPGA Design, Video Hardware, Graphics Hardware
|
| King of Prussia, PA 19406
| [log in to unmask]
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