I told my boss that I will be leaving at the end of October and, after the initial shock, he has become so demanding that I can hardly breath. He wants me to finish 2 projects, write everything up and pass most of what I wrote so far to him.
In particular I have put together a Grant Application with my own ideas, my research, my effort, and now he demands I pass it on so that he can apply.... Am I right to say that this is my Intellectual Property?
Thank you
2007-09-26 16:12:32 · 11 answers · asked by Jesus is my Savior 7 in Business & Finance ➔ Careers & Employment ➔ Other - Careers & Employment
That depends on the papers you signed assigning your inventions to your employer and the laws that govern those papers. You may have signed something. Disclosure agreements can be used to trip you too. Sometimes a project you have worked on may have special conditions. If you work for a university it may be different.
I gave my resignation a week ago and I am being pushed to do all sorts of work. I have no idea when I will be unemployed. I cannot keep any of the work I did, but I do not want to do what I have been doing for 15 years so it is not a problem for me.
Look back and check current policies regarding intellectual property. Get some counsel. Good luck.
2007-09-26 17:35:23 · answer #1 · answered by Ron H 6 · 4⤊ 0⤋
You should check carefully the law for the Country where you're living and working in, because law may be (and actually is) more or less different even inside Europe.
First, you have to determine what you exactly mean with "intellectual property", since such kind of termes/expressions may be controversial even inside one Country... :) http://en.wikipedia.org/wiki/Intellectual_property
I'll give you an example about *real* cases that happen in Italy: if a person develop a computer program for company, if he leave the company he can't claim to bring the program with him. There's no need to do an agreement (as the guy, in one case, questioned) between the firm and the employee, since this circumstance is *yet* regulated by law: so, the firm owns the copyright, not the person who developed the program. But that employee have to be rewarded for his work (apart from his regular salary, I mean).
BUT... now here the tricky part: "copyright" and "intellectual property" are different things. In this case, "intellectual property" is intended by what it's true meaning is (or should be...): the acknowledgement the program is the product of the intellect of that person. The firm owns the right of the program, but they MUST acknowledge the former employee is the actual creator.
If the same apply to you, now, (it make sense, but we're talking about laws... :-) your boss has the right to use your work (the firm owns it) but he must acknowledge YOU did it, not him.
2007-09-27 11:34:53 · answer #2 · answered by Pinguino 7 · 0⤊ 0⤋
The owner of the intellectual property is dependent upon the terms of your employment and where/how the research is done. in short, if you used ANY of their resources including time for which you were paid by them, then they would have a claim on anything you produced. IE: If you came up with the term "Weasle Boogers" on company time, they can copy write it. It may be worth your while to consult a lawyer that knows the applicable laws.
And as for your boss, he can be unfriendly but not abusive. If he crosses that line you can report it to the labor board and/or quit before your scheduled resignation. Your proper notice is not permission to mistreat you.
2007-09-26 16:52:16 · answer #3 · answered by singthunder 4 · 4⤊ 0⤋
If you put the grant application together as part of your work, then your employer owns it, not you - so no, you aren't right to say it's your intellectual property. If you did it on the side, on your own time, then it depends on what agreements you might have had with your employer.
2007-09-26 16:18:06 · answer #4 · answered by Judy 7 · 4⤊ 0⤋
If you prepared the grant application as an employee in your employers pay then he has every right to it.
Try to reason with him and negotiate a sensible work load before leaving. Point out that quality is far more important than quantity.
2007-09-27 02:33:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Every where i've worked there is always someone that ****** you off... but i've learnt by my mistakes... because when you quit you have no money, and i'd rather cope with a weekend of work and be able to buy myself new things and hang out with friends. Thats my oppinion anyway, if your at college then this job isn't something you will do for life anyway as you have higher expectations, just stick it out, maybe even have a word with him.
2016-05-19 21:24:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I am totally agree wuth singthunder. If you use time to wirte it, in your job, it belongs to them. But your boss cannot be abusive just becase you are leaving. What I think would be good and reasonable, would be to put you in the publication. Maybe you should go with someone who knows about this type of laws and situations. Because maybe you will not be in that paper, even if yu worte it.
2007-09-27 05:49:20 · answer #7 · answered by answers4evry1 2 · 0⤊ 0⤋
If you put together the Grant Application while at work on his time and at his location, it belongs to the company. If you did it at home on your own time and your own computer then you own it.
2007-09-26 16:18:19 · answer #8 · answered by ? 4 · 3⤊ 0⤋
You did the work for his company, not for yourself. He is paying you to do that work. The intellectual property belongs to the company, not to you.
2007-09-26 16:40:15 · answer #9 · answered by kitty 5 · 4⤊ 0⤋
yes u r right that is ur intellectual property but in this case u r still his staff so u r required to do as he said. u r a smarth woman i think u should what to do. created a win win situation where we win n he win to. smarth woman know what to do. i think i don't hav to tell u what to do. think about it. giv him what ever he what but not 100% . do u get me.
2007-09-26 17:41:38 · answer #10 · answered by zilla71 1 · 2⤊ 2⤋