Dear Professionals in the event of an employee claiming ownership of the creatives they developed on their office PC, can the company use these creatives even if the employee's salary was withheld?
From India, Nashik
From India, Nashik
Hi,
Please check your Appointment Order as to whether any copyright or trade mark clause included in it. If not you need to include such clauses. Office system is provided to the employee for the purpose of carrying office work and any inventions made as part of work to be construed as invention of the employer. Please refer the following clauses.
"You will assign to the Company your entire right, title and interest in any Intellectual Property Rights (IPRs for short, which term would include patents, trade-marks, copyrights, designs, whether registered or not, and all improvements thereto) that you may make, solely or jointly with others, during the period of service, relating to any or all systems, services and products manufactured or marked or leased or developed by the Company.
The company shall at all times have right to access and monitor all emails created, sent/received or stored by you using company facility and on Company’s system at any time without giving you any prior notification. All such data and information shall be the property of the company at all times."
From India, Madras
948Please check your Appointment Order as to whether any copyright or trade mark clause included in it. If not you need to include such clauses. Office system is provided to the employee for the purpose of carrying office work and any inventions made as part of work to be construed as invention of the employer. Please refer the following clauses.
"You will assign to the Company your entire right, title and interest in any Intellectual Property Rights (IPRs for short, which term would include patents, trade-marks, copyrights, designs, whether registered or not, and all improvements thereto) that you may make, solely or jointly with others, during the period of service, relating to any or all systems, services and products manufactured or marked or leased or developed by the Company.
The company shall at all times have right to access and monitor all emails created, sent/received or stored by you using company facility and on Company’s system at any time without giving you any prior notification. All such data and information shall be the property of the company at all times."
From India, Madras
The claim of employee is genuine. Your company should pay the cost for the product developed by the employee. The development is the intelectual property of the employee, the claim of the company for use of PC is absurd. Your company can certainly claim of ownership, where the person has employed to develop the aforesaid product.
The employee should take legal course for the illegal acts by the company for use his creatives and for unpaid salary even after the due date.
Just think upon,. Whom we know as inventors, are the lab owners or the lab or the person? It is nevertheless the institution rather the Individual.
From India, Mumbai
The employee should take legal course for the illegal acts by the company for use his creatives and for unpaid salary even after the due date.
Just think upon,. Whom we know as inventors, are the lab owners or the lab or the person? It is nevertheless the institution rather the Individual.
From India, Mumbai
I will disagree with Mr. Mohanty In this case.
Where the work was done in company, using its resources, then in most cases, it would belong to the company
However, it depends on the circumstances of the case. so please consul an intellectual property lawyer
From India, Mumbai
Where the work was done in company, using its resources, then in most cases, it would belong to the company
However, it depends on the circumstances of the case. so please consul an intellectual property lawyer
From India, Mumbai
Thanks Mr Banerjee,
I still hold my opinion valid. Your disagree with my views is based upon your prospective visualisation of the and the angle.
The poster doesn't mention about the product developed by the employee.
My previous company having 30 patents all were in name of the MD, but in1991 a product developed by Mr Dasgupta in company's lab using Co resources, then the product got registered in his name. Company was paying nominal rates of royalty as per an agreement.
From India, Mumbai
I still hold my opinion valid. Your disagree with my views is based upon your prospective visualisation of the and the angle.
The poster doesn't mention about the product developed by the employee.
My previous company having 30 patents all were in name of the MD, but in1991 a product developed by Mr Dasgupta in company's lab using Co resources, then the product got registered in his name. Company was paying nominal rates of royalty as per an agreement.
From India, Mumbai
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