Copy trademark in the Employee Matters Agreement

Aug 6th, 2022
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Here are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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The rules for ownership of IP depend on the type of IP: For copyright, in most circumstances, an employer is deemed to own a work created by an employee, but an independent contractor or service provider is deemed to own a work that it creates (subject to an override in a written contract)
Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other original works (like history tests, and software code). Trademarks can protect the use of a companys name and its product names, brand identity (like logos), and slogans.
Employee agrees that the Company shall own, and Employee shall (and hereby does) assign, all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, and all other intellectual and industrial property rights of any sort throughout the world) relating to
The Patent Act is silent on who owns an invention and any resulting patent in an employment relationship. Therefore the common law applies. The general rule in Canada is that an employee will own his or her own invention unless there is a contractual duty to transfer the invention to the employer.
U.S. copyright law states that the employer is entitled to have ownership of any intellectual property that employees have worked on as part of their regular duties.
While not always cut and dried, intellectual property created within the workplace context is typically deemed to belong to the employer, not the employee, even though the employee is the creator or inventor of the work in question. As an employee, however, youre not necessarily limited to this arrangement.
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.
You can sue for anything. However, (not a lawyer), realistically, *anything* you create outside of work hours is not owned by the company.

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