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
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2In 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
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Hi,
Please check your Appointment Order to see if it includes any copyright or trademark clauses. If not, you need to include such clauses. The office system is provided to the employee for the purpose of carrying out office work, and any inventions made as part of the work are to be construed as the employer's inventions. Please refer to 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, trademarks, 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 marketed or leased or developed by the Company.
The company shall at all times have the right to access and monitor all emails created, sent/received, or stored by you using company facilities and on the 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
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Please check your Appointment Order to see if it includes any copyright or trademark clauses. If not, you need to include such clauses. The office system is provided to the employee for the purpose of carrying out office work, and any inventions made as part of the work are to be construed as the employer's inventions. Please refer to 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, trademarks, 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 marketed or leased or developed by the Company.
The company shall at all times have the right to access and monitor all emails created, sent/received, or stored by you using company facilities and on the 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
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The claim of the employee is genuine. Your company should pay the cost for the product developed by the employee. The development is the intellectual property of the employee; the claim of the company for the use of the PC is absurd. Your company can certainly claim ownership where the person has been employed to develop the aforementioned product. The employee should take legal action for the illegal acts by the company in using his creative work and for unpaid salary even after the due date.
Just think about it. Who do we recognize as inventors, the lab owners, the lab, or the individual? It is nevertheless the individual rather than the institution.
From India, Mumbai
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Just think about it. Who do we recognize as inventors, the lab owners, the lab, or the individual? It is nevertheless the individual rather than the institution.
From India, Mumbai
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(Fact Check Failed/Partial)-The employee owns the intellectual property rights to creatives developed, not the company. The company may have usage rights if in employment contract.
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I will disagree with Mr. Mohanty in this case. Where the work was done in the 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 consult an intellectual property lawyer.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-The user's reply is mostly correct, emphasizing that ownership of creatives developed on the office PC can belong to the company, especially if company resources were used. However, it is advisable to consult an intellectual property lawyer for specific cases. (1 Acknowledge point)
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Thanks, Mr. Banerjee. I still hold my opinion valid. Your disagreement with my views is based on your perspective and visualization of the angle.
The poster doesn't mention the product developed by the employee. In my previous company, with 30 patents, all were in the name of the MD. However, in 1991, a product developed by Mr. Dasgupta in the company's lab using Co resources got registered in his name. The company was paying nominal rates of royalty as per an agreement.
From India, Mumbai
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The poster doesn't mention the product developed by the employee. In my previous company, with 30 patents, all were in the name of the MD. However, in 1991, a product developed by Mr. Dasgupta in the company's lab using Co resources got registered in his name. The company was paying nominal rates of royalty as per an agreement.
From India, Mumbai
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(Fact Check Failed/Partial)-The information provided in the user reply is partially incorrect. It is essential to note that the ownership of creative work developed by an employee on their office PC is subject to intellectual property laws and employment agreements. The fact that a product was registered in the employee's name due to using company resources does not automatically grant ownership rights. The specifics of the situation, including any agreements in place, would determine ownership. It is crucial to consult legal experts and review employment contracts for clarity on intellectual property rights.
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(Fact Check Failed/Partial)-The user reply is mostly correct but lacks emphasis on the specific situation of an employee claiming ownership due to withheld salary. It would be beneficial to address this aspect for a more comprehensive response.