General > General Technical Chat
Can I get banned from using capacitive touch technology? (intellectual property)
SiliconWizard:
Non-compete clauses for employees should always be limited in time (when the employee leaves the company) and should be compensated financially. Laws vary depending on where you are, but that's pretty much usually the common denominator.
As an independent worker, you should not accept such a clause unless you have *at least* the same, a clear time limit and financial compensation (meaning that if the client wants such a clause, you *should* raise your quote accordingly.)
After that, what you're willing to accept is entirely up to you, no one can decide for you.
Someone:
--- Quote from: ejeffrey on November 01, 2023, 04:46:34 pm ---It's common to grant the other party a non-exclusive, royalty free license to pre-existing IP if it becomes part of the deliverables.
--- End quote ---
One entity didn't understand why I wasn't willing to sign an: exclusive, perpetual, royalty free, sublicensor/ownership, agreement that would contain all background IP explicitly described or later found.... that included zero compensation for any of the above. Pointed out that would need some consideration, they said it wasn't in their interests to agree to any compensation terms and that they would not accept all of the above minus the exclusivity (they could have had it all for free!). I politely refused the contract.
Funny how employers want you for your experience and knowledge gained at previous employers, but don't want you to then be able to use experience and knowledge you gain while working for them.
Georgy.Moshkin:
Thanks! Much more answers than I expected. I have a company in HK, client is from US and I am trying to find more clients through freelance platforms. Part of funds from freelancing will go through HK company to pay fulfillment services for my own stuff. Basically it is only me, and company is a way for making business. Answers are really helpful for making my further decisions. The project is <$1000, but answers related to larger amounts are very important for me too
jonpaul:
Bonjour just seen this now. Capacitive touch is a very old and well dosumented technology. There are thousands of patents. Just search.
As designerinventor and consultant since 1975, we encountered these customer contract issues many times.
To clear some confusion of several different issues mentioned;
0/ Every agreement provision is negotiable BEFORE sign off. The consultant can present a terms or General Proposal Provisions to guide the customer and negotiations. We suceede to get the contracts changed esp for these and liability provisions, even for huge firms like General electric, THX, Dolby, Cooper, Boeing.
1/ In USA a standard employment agreement or contractors engagement uses the "work for hire" rule:any work that genrates a gesign, invention, proto, discoverry etc becomes property of the employer. Consult the laws and cases in your country and juristriction. In places like USA the local states law must also be considered.
2/ A non compete clause MAY be disallowed in some areas and may be restricted but is still common legal boilerplate.
3/ A US Patent was limited to 17 years duration after grant. Revised/harmonized US patent law is now 20 years after grant.
After a patent expires it becomes public knowledge.
4/ You cannot be restrained from future work in your field of expertise by a consulting or regular job.
5/ You CAN be restrained from revealing confidential, trade secret, patent pendong, and other proprietary information during and after a job is finished.
THIS IS NOT LEGAL ADVICE. JUST MY EXPERIENCE. CONSULT A LEGAL COUNCIL BEFORE ANY AGREEMENT OR CONTRACT IS CONSUMATED.
Bon Chance,
Jon
Haenk:
If this is a sub-1k contract, they will likely have a hard time finding another contractor working for this little money.
So essentially I would offer them: "I'll deliver a working and compliant design for said amount x. No further legal terms are accepted."
I'm pretty sure they will accept anyway.
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