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Ideas alone are not protected under intellectual property law. There are two primary ways that you would be able to sue the company for stealing your idea. The first is if you did, in fact, reduce the idea to a protectable form before telling the company about it.
Very often, yes. The boilerplate IP contracts provided by most law firms usually claims one of: All software development work you ever do while employed by the company. All software development work you do using in any way any resource of the company, from computer to network connection.
Copyrights, trademarks, patents, and trade secrets are the four primary types of intellectual property protection.
Securing your company's intellectual property rights can be as simple as including an additional form in the employee manual or implementing a written policy to have all employees and independent contractors sign a one page document, either acknowledging a "work made for hire" arrangement or an "assignment" of all
The Parties agree that all work product, information or other materials created and developed by Consultant in connection with the performance of the Services under this Agreement and any resulting intellectual property rights (collectively, the Work Product) are the sole and exclusive property of Company.
Employment relationships, intellectual property and ownership of newly developed ideas may feel like a gray area, but there are some very clear laws defining it all. Typically, employers are entitled to all intellectual property created at/for their business, unless there exists a contract stating otherwise.
So, be aware that your employer may consider your side hustle and all the proceeds from it to be theirs unless you make it legally clear otherwise.
Under India's Copyright Act, 1957 (the CR Act), any work product, including source code, if developed by an employee, the employer will be the first owner of the copyright in such work product, in the absence of any contract to the contrary.
Consulting Agreements Absent an appropriate consulting agreement, consultants are presumed to own all of the intellectual property rights they develop, even when a company is paying for the work.
Yes, your company owns all the inventions you come up, including off-hour work, during your employment with them. And companies are not hesitant to sue to get your IP.