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When you have executed a confidentiality and invention assignment agreement, it signifies that you have legally agreed to the terms outlined in the document. In the context of North Carolina At-Will Employment and Confidential Information Agreement and Invention Assignment, this means you accept your obligations to protect company secrets and assign any inventions to your employer. Understanding this commitment helps clarify your role and responsibilities within the company.
With this investment, it should come as no surprise that employers generally own the intellectual property created by its employees in the course of their employment. However, intellectual property that is created by an employee, other than in the course of employment, is owned by the employee not the employer.
An invention assignment agreement is a contract in which an employee or independent contractor assigns intellectual property rights for their services to the company. These agreements typically appear in other employment documents such as confidentiality agreements or an independent contractor agreement.
The court held that no additional consideration beyond the continuation of at-will employment is required to support an employee's assignment of inventions (and other intellectual property) to the employer.
Thus, the employee is giving up a legal right and needs to get something (some consideration) from the employer in exchange. In many states, such as New York, employment or continued employment is considered sufficient consideration.
CONFIDENTIAL INFORMATIONOWNER agrees to disclose INFORMATION to RECIPIENT to facilitate possible future business dealings between the parties.
For an IP assignment to be valid and enforceable, there must be a valid contract. For a contract to be effective, there must be an offer, acceptance, and proper consideration.
An inventions assignment agreement is a typical feature of an independent contractor or employee agreement where the worker agrees to assign any intellectual property rights arising from the worker's services to the company.
Excluded Inventions means any Vendor intellectual property existing prior to beginning work on any statement of work or any intellectual property that was developed entirely on Vendor's own time and without the use of any Customer equipment, supplies, facilities or Confidential Information.
Also known as Proprietary Information and Inventions Assignment Agreements (or PIIAAs), Confidential Information and Inventions Assignment Agreements ensure that intellectual property and other proprietary rights created by employees during the course of their employment are assigned to the employer.