質問
I signed an agreement with my employer about 3-4 years ago which says that all Intellectual Property I create belongs to the company. I would like to start my own business venture now. The startup would not compete with my current employer.
While I work on my startup I want to continue working at my current employer for now. How do I avoid any claims for IP against my startup in the future?
回答: 3 public & 0 非公開
The answer is in the Singapore law and depends on the contract that you will conlude with your former employer.
When you were an employee, inventions you made as part of your contract, in the course of your duties with your former employer, became her property as carried out as part of an inventive mission, in light of your former duties and responsibilities within the firm. It was certainly "mission inventions" (as we say according to French law) and it is the Singapore Patents Act (Chapter 221, Part IX, "Employees'inventions") which has to apply.
Now you lead a start-up while being employed elsewhere, the legal system of employee inventions to which you were belonging is obviously no longer applicable from the point of view of your activities in your start-up, regarding (i) your new job with your current employer and (ii) the fact that your start-up is not competing with him, so the inventions and also creations (designs, software, other works…) made by you in your start-up will remain your property or the property of your start-up legally speaking unless you/your startup transfer expressly them and the corresponding IP rights – right to patent, copyright… – by means of an IP clause in the order contract between you and your current employer.
These are universal principles, but consulting an IP Nexus colleague of Singapore seems to me opportune anyway, at least to confirm the foregoing…
Your sincerely,
Simon
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