This document is a collateral assignment of intellectual property. It details the collateral assignment, the scope of the assignment, representations and warranties, default remedies, and all other aspects generally found in an assignment agreement.
Oregon Collateral Assignment of Intellectual Property
State:
Multi-State
Control #:
US-TC0713
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Word;
PDF;
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FAQ
The general rule is that you own the patent rights to an invention you create during the course of your employment unless you either: signed an employment agreement assigning invention rights, or. were specifically hired (even without a written agreement) for your inventing skills or to create the invention.
Article 9 of the Uniform Commercial Code (UCC) provides various methods for a secured creditor to repossess collateral after default. The method for obtaining possession depends on the nature of the collateral and, to some extent, how the security interest was perfected.
It very well depends. Copyright typically involves the Work for Hire doctrine, where anything created within the scope of employment (as an employee) typically belongs to the employer. Doing something on your own time, probably doesn't count there.
Ownership will therefore depend on the agreement that you signed with your employer when you began the job. However, under the California Labor Code, if intellectual property is developed ?outside the scope of employment,? it is owned by the employee who created it.
Copyrights are generally owned by the people who create the works of expression, with some important exceptions: If a work is created by an employee in the course of his or her employment, the employer owns the copyright.
First ownership - the general rule The general rule in relation to IP created by an employee during the course of their employment is that, in the absence of agreement to the contrary, the first owner is the employer.
Ownership will therefore depend on the agreement that you signed with your employer when you began the job. However, under the California Labor Code, if intellectual property is developed ?outside the scope of employment,? it is owned by the employee who created it.
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. (Section 2(o) r/w section 17 of the CR Act.)