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  #1 (permalink)  
Old 05-01-2006, 08:08 AM
Marco T.
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Default Question about the ip I developed

Hallo,
I'm working as hardware developer into an industry. I began one year ago.
I have recently received a job offer from another industry. I think to
accept it.

During this year I developed some cores.

I'm obliged to give every source code of my cores, otherwise may I give only
netlist?

That industry may sell the cores I developed?

Many Thanks
Marco Toschi

PS: Sorry for my terrible english language.




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  #2 (permalink)  
Old 05-01-2006, 09:52 AM
Antti Lukats
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Default Re: Question about the ip I developed

"Marco T." <[email protected]> schrieb im Newsbeitrag
news:[email protected]
> Hallo,
> I'm working as hardware developer into an industry. I began one year ago.
> I have recently received a job offer from another industry. I think to
> accept it.
>
> During this year I developed some cores.
>
> I'm obliged to give every source code of my cores, otherwise may I give
> only netlist?
>
> That industry may sell the cores I developed?
>
> Many Thanks
> Marco Toschi
>
> PS: Sorry for my terrible english language.
>

I assume your use of 'industry' means == employer, then basically ALL IP
what you developled during paid work belongs to the employer and they can do
whatever they want unless it was agreed differently in the your work
contract.

Antti


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  #3 (permalink)  
Old 05-01-2006, 10:21 AM
Marco T.
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Default Re: Question about the ip I developed


"Antti Lukats" <[email protected]> wrote in message
news:[email protected]
> "Marco T." <[email protected]> schrieb im Newsbeitrag
> news:[email protected]
>> Hallo,
>> I'm working as hardware developer into an industry. I began one year ago.
>> I have recently received a job offer from another industry. I think to
>> accept it.
>>
>> During this year I developed some cores.
>>
>> I'm obliged to give every source code of my cores, otherwise may I give
>> only netlist?
>>
>> That industry may sell the cores I developed?
>>
>> Many Thanks
>> Marco Toschi
>>
>> PS: Sorry for my terrible english language.
>>

> I assume your use of 'industry' means == employer, then basically ALL IP
> what you developled during paid work belongs to the employer and they can
> do whatever they want unless it was agreed differently in the your work
> contract.
>
> Antti
>


May I use the cores I developed with new job?


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  #4 (permalink)  
Old 05-01-2006, 11:28 AM
Ralf Hildebrandt
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Default Re: Question about the ip I developed

Marco T. wrote:


>> I assume your use of 'industry' means == employer, then basically ALL IP
>> what you developled during paid work belongs to the employer ...

^^^^^^^^^^^^^^^^^^^^^^^
> May I use the cores I developed with new job?


Read this again. -> You can't use something, that belongs to your employer.
Read your contract. It may be defined in a different way.

Ralf
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  #5 (permalink)  
Old 05-01-2006, 01:12 PM
Fred
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Default Re: Question about the ip I developed


"Antti Lukats" <[email protected]> wrote in message
news:[email protected]

> I assume your use of 'industry' means == employer, then basically ALL IP
> what you developled during paid work belongs to the employer and they can
> do whatever they want unless it was agreed differently in the your work
> contract.
>


That depends on the country. In the UK it is normal that IP normally
expected through the course of your work connected with the company belongs
to the company. However an idea or discovery discovered during work time
but unrelated to the companies interest may belong to the employee.
Similarly if the employee is inspired at bath time of an advance in his
company's products then that belongs to the company.

In this case if he's employed the cores written in company time for company
purposes belongs to the company. He has no rights at all for use outside
the company.


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  #6 (permalink)  
Old 05-01-2006, 01:22 PM
int19h
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Default Re: Question about the ip I developed

> to the company. However an idea or discovery discovered during work time
> but unrelated to the companies interest may belong to the employee.


What if the employee uses company resources (say a company workstation) to
develop/explore the unrelated idea? Wouldn't that give the company grounds
for a claim?


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  #7 (permalink)  
Old 05-01-2006, 02:13 PM
Fred
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Default Re: Question about the ip I developed


"int19h" <[email protected]> wrote in message
news:[email protected]
>> to the company. However an idea or discovery discovered during work time
>> but unrelated to the companies interest may belong to the employee.

>
> What if the employee uses company resources (say a company workstation) to
> develop/explore the unrelated idea? Wouldn't that give the company grounds
> for a claim?
>


In the UK it would be grounds for dismissal in the same basis any
unauthorised use of equipment for non-work purposes can get you dismissed.
Essentially theft of resources. They could claim loss which might add up to
a pound or two! In other words - no.

It does however depend on general working practices within the company such
as is the occasional use of phones allowed for private use etc. Whether
lawful would include contractual and normal practice within the company. If
a clause in your contract is openly abused, known and accepted by management
they cannot, on an ad-hoc basis, enforce it.


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  #8 (permalink)  
Old 05-01-2006, 06:43 PM
Skeets
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Default Re: Question about the ip I developed

Marco,

this depends on the laws in your country. in the US, if the work is
"work for hire" (typical employer / employee relationship) then the
copyright is owned by the employer.

iow, you can't copy it w/o their permission (you can't use it at your
new employer).

if you are an independent contractor, though, then you likely reatin
the copyright unless you gave it away in the contract (which most
companies will require in your case).

the laws vary between countries, so do some research about your country
specifics.

good luck - and use this knowledge to get a better contract with you
new employer.

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  #9 (permalink)  
Old 05-02-2006, 10:33 AM
Symon
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Default Re: Question about the ip I developed

"Fred" <[email protected]> wrote in message
news:[email protected]
>
> It does however depend on general working practices within the company
> such as is the occasional use of phones allowed for private use etc.
> Whether lawful would include contractual and normal practice within the
> company. If a clause in your contract is openly abused, known and
> accepted by management they cannot, on an ad-hoc basis, enforce it.
>
>

Hi Fred,
On a related note, did you see this in the Times yesterday?
http://business.timesonline.co.uk/ar...9-2159286.html
HMRC might start taxing people to use work computers for personal email and
browsing. According to the article, the tax would appear to be based on the
cost of the computer. I guess you could just give everyone an old £20 PC to
use for email!
Cheers, Syms.


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  #10 (permalink)  
Old 05-02-2006, 05:19 PM
Fred
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Default Re: Question about the ip I developed


"Symon" <[email protected]> wrote in message
news:[email protected]
> "Fred" <[email protected]> wrote in message
> news:[email protected]
>>
>> It does however depend on general working practices within the company
>> such as is the occasional use of phones allowed for private use etc.
>> Whether lawful would include contractual and normal practice within the
>> company. If a clause in your contract is openly abused, known and
>> accepted by management they cannot, on an ad-hoc basis, enforce it.
>>
>>

> Hi Fred,
> On a related note, did you see this in the Times yesterday?
> http://business.timesonline.co.uk/ar...9-2159286.html
> HMRC might start taxing people to use work computers for personal email
> and browsing. According to the article, the tax would appear to be based
> on the cost of the computer. I guess you could just give everyone an old
> £20 PC to use for email!
> Cheers, Syms.
>


Yes I saw that and I find it amusing that the Treasury are running at odds
to the DTI. In fact the DTI weren't aware until just before the last budget
that the tax incentive of free home computers for employees was to stop.
Also other government department were about to get schemes up and running
and had to shelve them. The DTI are trying to promote computer use and the
Treasury are trying to stifle it.

In essence the Treasury are trying every way they can to increase revenue by
the odd million or so. Good old stealth - tax by the back door. It's still
laughable that HMRC overpaid Tax Credits by more than a £billion!

In practice there will be a definition of "significant use" which stifle use
rather bring any income to the Treasury.


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