This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New York Assignment of Pre-Employment Works refers to the legal document that governs the transfer of intellectual property (IP) rights from an employee to their employer in New York state. Also known as an IP assignment agreement or a pre-employment IP agreement, it outlines the ownership and control of any inventions, ideas, trade secrets, copyrights, and other creative or innovative works created by the employee during their employment. This agreement is crucial for employers to protect their business interests and ensure that they have exclusive rights over any IP that is developed within the scope of employment. Similarly, it serves as a way to establish clarity and avoid disputes regarding IP ownership between employers and employees. Types of New York Assignment of Pre-Employment Works: 1. Invention Assignment Agreement: This specific type of assignment agreement focuses primarily on inventions and patentable ideas. It assigns ownership of any inventions or discoveries made by the employee to the employer, ensuring that the employer holds the intellectual property rights. 2. Copyright Assignment Agreement: This variant of the assignment agreement deals with creative works protected under copyright law, such as music, art, literature, software, or architectural designs. It transfers ownership of any copyrighted material created by the employee to the employer. 3. Trade Secret Assignment Agreement: This type of assignment agreement focuses on the transfer of trade secrets and sensitive business information from the employee to the employer. It ensures that any confidential information developed or accessed during the employment remains the property of the employer. Key elements of the New York Assignment of Pre-Employment Works may include: 1. Identification of the parties involved, i.e., the employer and the employee. 2. Clear definition of what constitutes the "Intellectual Property" being assigned. 3. Scope of the assignment, specifying whether it covers inventions, copyrights, trade secrets, or a combination thereof. 4. Acknowledgment that the IP created during employment is considered "work-for-hire" and therefore owned by the employer. 5. Representations and warranties ensuring that the employee has the authority to assign the IP and that it does not infringe on any third-party rights. 6. Compensation or consideration provided to the employee in exchange for the assignment. 7. Confidentiality and non-disclosure clauses to protect the employer's proprietary information. 8. Governing law and jurisdiction specifying that New York law governs the agreement and any potential disputes. In conclusion, the New York Assignment of Pre-Employment Works is a crucial legal document governing the transfer of intellectual property rights from an employee to an employer. It encompasses various types such as invention assignment agreements, copyright assignment agreements, and trade secret assignment agreements. These agreements aim to protect the employer's exclusive ownership of the IP created during the employment period and avoid future disputes.
