Re: On the right to publish ones own design/IP
- From: Jon Kirwan <jonk@xxxxxxxxxxxxxxxxxxx>
- Date: Sat, 30 May 2009 19:03:15 GMT
On Sat, 30 May 2009 19:32:05 +0100, Eeyore
<rabbitsfriendsandrelations@xxxxxxxxxxx> wrote:
Tim Wescott wrote:
On Thu, 28 May 2009 22:45:36 -0700, subhajit wrote:
I had designed a CMOS analog circuit block for a VLSI SOC chip for a US
based chip design/software multinational company. I was employed at its
Bangalore design center. The design I worked on has certain advantages
with respect to conventional designs for the same function in terms of
die area, power etc. The design is also working well in silicon for the
intended application. The design center closed down a few months ago
prior to acquisition by another company, so I am no longer an employee
of this company.
I wished to publish this design work in a journal or a good conference &
requested the company to provide me the silicon measurement results so
that I know how well the chip worked
as well as material for possible publication. However, I got a e-mail
reply from the legal department of this company saying that I have no
right to publish this work. Needless to say the language of the legal
communication was intimidatory & disrespectful of my contributions to
this company.
I wrote to the company that I will respect all agreements/NDA's signed
prior to joining this company. I also wrote that if they were sensitive
about protecting the IP, I could assist them in filing a patent. I did
not receive any reply to these.
Can anybody help me to find out if I have the right to submit my work
for publication & does the company have any right to prevent publication
of my work (should it be selected for publication after peer-review
process)? Do I have to inform the company prior to submission? Also
does the company have any right to withhold silicon measurement results
from me (the designer)?
Check the laws in India, and the terms of your contract. I suspect that
they're close to British & therefore close to US. Take all the rest of
this post as being applicable to the US, and only meaningful to you after
you consult a lawyer:
The company would have specified in your NDA that you were performing
"work for hire", which means that the work you did for them belongs to
them.
If that's the case, and unless they failed to pay you the contracted
amount, the work doesn't belong to you any more than if I did it
(although it's probably better done than if I did it :-).
Next time you go to work someplace check the NDA and any non-compete
agreements. It's common practice in the US for a company to try to get
you to agree to give them _anything_ you develop _at all_ during your
term of employment. Strictly read that means that if you're running a
little start-up in your garage at the same time, they own that, too.
It's also common practice in the US for such clauses to be readily
stricken if you raise a stink. If the hiring manager wants you, and you
won't go to work for them under that circumstance, then you need to
negotiate something else (like, they own work that's directly related to
their business, but not something that doesn't impact them when your
garage business goes big time).
He could always ask their legal guys to provide copies of the NDAs etc he has
signed. If they overlooked it, he's in luck.
Graham
Since he wrote that they ignored him when he became conciliatory, he
may need to be a bit more aggressive in order to get a response.
Something like, "Unless you can provide me with a copy of a signed NDA
from me barring me from publishing my design within 60 days, I intend
on moving forward with publication."
Give them a reasonable timeline. If they don't respond with the
document, there may be a valid argument available that an admission on
their part took place as a result of their failure to respond. Maybe.
But if he only speaks from a tone of contrition, they may just
continue to ignore him.
Jon
.
- References:
- Re: On the right to publish ones own design/IP
- From: Tim Wescott
- Re: On the right to publish ones own design/IP
- From: Eeyore
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