質問
Hi! We are a seed-stage health tech startup based in Colorado. We have a team of four developers, two of them are working only part-time and have a day job. My question is, how can we make sure there won't be any IP issues regarding their day job's employers? One of the developers only does front-end/UX design, so I'm not sure that's even a real issue. But the other one works on system architecture and basically the "core" of our product. I just want to make sure we won't get sued by some outside company just because those guys work there. What should we do?
回答: 2 public & 0 非公開
Hi,
Some general information: There are federal laws of IP ownership and overlapping state laws. Check your state's labor codes on employee IP ownership. Some states like California have specific rules. If there are none for your state, go to the next step and check what the case law says about employee IP ownership. Most states have an employer favorable rule set. Mainly, if the work you are hired for is similar (or foreseeable) to the IP you are generating apart from the employer, they could very well own it regardless of whether you use your own resources or time. Check your employment contracts for specific wording as well. Note: the contract wording may or may not be enforceable. This ownership inquiry is very fact specific and it needs a through going over. The IP ownership you want to make sure you get right, because you don't want to work for the IP and not own it, or be entangled in suits etc. Contacting an attorney in your state who has both the IP and employment experience can help you answer the matter to the details you need/want.
Hope this helps!
Mary
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