Original Date of Publication: November 26th, 2009
Do’s
1. Define the ownership of Intellectual Property created during the term of employment clearly.
2.Clearly state the extent to which IP will be transferred to the employer.
3. Ensure that Employee is obliged to execute all necessary documents and assists the Employer in transferring any Intellectual Property created by him during his employment to the Employer. Also incorporate provisions requiring employee's co-operation with respect to prosecution and litigation.
4. Ensure that Employee is obliged to refrain from…
This question came up in an Employer-Employee trade secret dispute before a California Court. David Oakes was working in a sales position with a company called Cellular Accessories under an Employment Agreement with a clause to safeguard the company's trade secrets. As a part of his employment with Cellular Accessories, David established more than nine hundred contacts on LinkedIn and maintained the list on his computer. The list was updated whenever a new contact was made.
On leaving the company,…