Are there any restrictions/limitations on a proprietary information and inventions agreement? I'm a teacher and my current employer will not renew my contract unless I agree to surrender any rights to any new curriculum I develop (or anything that has to do with education) whle I'm employed with them, even if developed during non-work hours or over schol breaks on my own time. This seems like a gross restriction on free trade and contract under coersion/duress.
1 Answer from Attorneys
Educational institutions are becoming more and more interested in the intellectual property developed by their employees; technology transfer and commercialization are becoming major sources of income for them. Yes, these agreements can be seen as being over the top, but the courts regularly enforce them. If you don't want the employer to have rights to IP you develop, don't develop IP while you're employed there.
You do actually have a choice in this matter: you can choose to sign the agreement and relinquish your job-related IP rights or you can choose to leave and find other employment. The choice is yours. Be aware that individuals working in industry regularly sign agreements that grant all rights to work-related IP to their employers.
THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.
Related Questions & Answers
I'm a photographer / designer and it's been my dream to start up a small business... Asked 2/14/12, 12:48 am in United States Arizona Intellectual Property
I am an instructor at a vocational school. A recent student of mine was given... Asked 5/20/11, 10:09 pm in United States Arizona Intellectual Property
I currently have a provisional patent on a mechanical device. i obtained this... Asked 3/29/11, 8:23 pm in United States Arizona Intellectual Property
I recently purchased a domain name online and a couple of days ago I was contacted... Asked 3/25/11, 5:13 pm in United States Arizona Intellectual Property
I sold the product P90X on ebay and subsequently have been sued for copyright... Asked 2/10/11, 3:11 pm in United States Arizona Intellectual Property