IP risks

[altk]

What is the name of your state? CA

One of our employees is using his own computer while working on a project that we are trying to maintain secret. Are we setting ourselves for potential IP issues in the future? Can anyone dispute our claim to anything that is available on the employees personal computer?

Thank you.

 

[ChicagoLawyer]

You are much better off supplying the employee with a company owned computer. That way, the company owns not only the machine but also every scrap of data on it.

Here, there are potential issues about what was and was not created and saved to the computer for company versus personal purposes. Though you can always rely on the work for hire doctrine for copyright and patent issues, you are still in a pretty lousy position.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship

 

[altk]

Thank you for your reply. If we give the employee a company computer, which he takes offsite to work from home, is that also a possible loophole we are creating? I have read elsewhere that courts in trying to determine measures companies take to safegaurd secrets, frown upon allowing employees to take such work offsite. Please advise.

 

[ChicagoLawyer]

you are right, to a point. stupidity is not a defense. where a company makes it easy for employees to steal info, well the courts do not look kindly.

As to your specifics, much would depend on your corporate procedures, employee manuals and regulations, the type of work at issue, etc. etc. You really should find someone local who can help. I would suggest starting with an employment lawyer who is also tech savvy that can help you understand how the employer/employee relationship is affected by the technological.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship