Legal Jobs Blog: My Interest in Intellectual Property Law

My Interest in Intellectual Property Law

One of the things that first got me interested in the intersection of technology and intellectual property law was the conversations I would have with the programmers and developers (consultants) that I was hiring to work at Bankers Trust. Part of my job was to have them sign an Intellectual Property Agreement that basically said 'We own what you think' (sub or day pass req'd) [via] or more exactly anything you create while working for the "Company."

The techies were often aggrieved by the language of the agreement and would ask me questions that I couldn't answer such as "What about something I work on at home or that I have created, but not yet finished prior to starting here." At the time I did not know the answer. I did sympathize with the techs and promised to get back to them with answers (these issues are still to a certain extent unresolved).

One recommendation I read this morning said that "when you're offered an employment contract cross out the section that says they own anything you create while employed there." The only problem with that one is I would have thanked you for coming and then sent you on your way home and called your agency for a new group of resumes.

Unfortunately, that's why you have outcomes like this:

In July, the Texas Court of Appeals turned down software programmer Evan Brown's appeal for a jury trial to decide who owned an idea in his head: Brown, or his former employer. The decision was a victory for business and a blow to the little guy, as well as an affirmation of standard employment-contract law. [Salon]

[re-post from August 2004]

Posted May 1, 2006 01:24 AM