Assignment of Intellectual Property Rights. Any ideas, processes, designs, methods, substances, articles, know-how, copyrightable works, maskworks, trade or service marks, trade secrets, inventions, developments, discoveries, improvements, whether or not patentable or copyrightable, and other matters that may be protected by intellectual property rights, that relate to the Company’s business and are the results of Executive’s efforts during the Term (collectively, the “Employee Work Product”), whether conceived or developed alone or with others, and whether or not conceived during the regular working hours of the Company, shall be deemed works made for hire and are the property of the Company. In the event that for whatever reason such Employee Work Product shall not be deemed a work made for hire, Executive agrees that such Employee Work Product shall become the sole and exclusive property of the Company, and Executive hereby assigns to the Company his or her entire right, title and interest in and to each and every patent, copyright, trade or service ▇▇▇▇ (including any attendant goodwill), trade secret or other intellectual property right embodied in Employee Work Product. The foregoing work made for hire and assignment provisions are and shall be in consideration of this agreement of employment by the Company, and no further consideration is or shall be provided to Executive by the Company with respect to these provisions. Executive agrees to execute any assignment documents the Company may require confirming the Company’s ownership of any of Employee Work Product. Executive also waives any and all moral rights with respect to any such works, including without limitation any and all rights of identification of authorship and/or rights of approval, restriction or limitation on use or subsequent modifications. 7.2.1 Executive understands that the Company is hereby advising Executive that any provision in this Agreement requiring Executive to assign rights in any invention does not apply to an invention that qualifies fully under the provisions of Section 2870 of the California Labor Code. That Section provides as follows: (a) “Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies facilities, or trade secret information, except for those inventions that either: (i) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or (ii) Result from any work performed by the employee for the employer. (b) The extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of the state and is unenforceable.” 7.2.2 By signing this Agreement, Executive acknowledges that this Section shall constitute written notice of the provisions of Section 2870.
Appears in 5 contracts
Sources: Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes)
Assignment of Intellectual Property Rights. Any ideas, processes, designs, methods, substances, articles, know-how, copyrightable works, maskworks, trade or service marks, trade secrets, inventions, developments, discoveries, improvements, whether or not patentable or copyrightable, and other matters that may be protected by intellectual property rights, that relate to the Company’s business and are the results of Executive’s efforts during the Term (collectively, the “Employee Work Product”), whether conceived or developed alone or As consideration for your employment with others, and whether or not conceived during the regular working hours of the Company, shall be deemed works made for hire Employee covenants and are the property of the Company. In the event that for whatever reason such Employee Work Product shall not be deemed a work made for hire, Executive agrees that such Employee Work Product shall become the sole and exclusive property of the Company, and Executive hereby assigns to the Company his or her entire right, title and interest in and to each and every patent, copyright, trade or service ▇▇▇▇ (including any attendant goodwill), trade secret or other intellectual property right embodied in Employee Work Product. The foregoing work made for hire and assignment provisions are and shall be in consideration of this agreement of employment by the Company, and no further consideration is or shall be provided to Executive by the Company with respect to these provisions. Executive agrees to execute any assignment documents the Company may require confirming the Company’s ownership of any of Employee Work Product. Executive also waives any and all moral rights with respect to any such works, including without limitation any and all rights of identification of authorship and/or rights of approval, restriction or limitation on use or subsequent modifications.
7.2.1 Executive understands that the Company is hereby advising Executive that any provision in this Agreement requiring Executive to assign rights in any invention does not apply to an invention that qualifies fully under the provisions of Section 2870 of the California Labor Code. That Section provides as follows:
(a) “Any provision in an employment agreement which provides Employee will make prompt and full disclosure to the Company of any discovery, processes, inventions, patents, computer software, copyrights, trademarks and other intangible rights (collectively referred to as "Intellectual Property") that an employee shall assignmay be conceived, made, improved upon, developed, or offer participated by Employee, solely or jointly, in the course of, arising from or relating to assign, any Intellectual Property Rights of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies facilitiesCompany, or trade secret information, except for those inventions that either:
(i) Relate at his employment with the time of conception Company or reduction to practice any affiliate of the invention to Company (the employer’s business, or actual or demonstrably anticipated research or development of the employer; or
(ii) Result from any work performed by the employee for the employer"Work Products").
(b) The extent a provision Company will hold all Intellectual Property Rights in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy respect of the state and is unenforceable.”
7.2.2 By signing this Agreement, Executive acknowledges that this Section shall constitute written notice Work Products for the exclusive benefit of the provisions Company and Employee agrees not to claim or apply for registration or challenge the Company's registration of, any such Intellectual Property Rights. Employee's acceptance of Section 2870the terms of this Agreement constitutes an absolute, unconditional and irrevocable assignment, transfer and conveyance of all past, present and future right, title, benefit and interest in and to all Intellectual Property Rights in respect of the Work Products. Employee hereby waives, in favor of the Company, all claims of any nature whatsoever that Employee now or hereafter may have for infringement of any Intellectual Property Rights for the Work Products so assigned to the Company. To the extent that copyright may subsist in the Work Products, Employee hereby waives all past, present and future moral rights he may have.
(c) The Work Products and all related Intellectual Property Rights will be the absolute and exclusive property of the Company. The Company may apply for patent, copyright or other intellectual property protection in the Company's name or, where such procedure is proper, in Employee's name, anywhere in the world. Employee will, at the Company's request, execute all documents and do all such acts and things considered necessary by the Company to obtain, confirm or enforce any Intellectual Property Rights in respect of the Inventions. In case the Company requires, but is unable to secure Employee's signature for any such purpose in a timely manner, Employee hereby irrevocably designate and appoint the Company and any duly authorized officer or agent of the Company as Employee's agent and attorney, to act for Employee and in Employee's behalf an stead to execute any such documents and to do all other lawfully permitted acts to carry out the intent of this provision, with the same legal force and effect as if executed or done by Employee. This power of attorney is coupled with an interest.
Appears in 4 contracts
Sources: Employment Agreement (Netsol International Inc), Employment Agreement (Netsol International Inc), Employment Agreement (Netsol International Inc)
Assignment of Intellectual Property Rights. Any ideas, processes, designs, methods, substances, articles, know-how, copyrightable works, maskworks, trade or service marks, trade secrets, inventions, developments, discoveries, improvements, whether or not patentable or copyrightable, improvements and other matters related to the business of Company that may be protected by intellectual property rights, that relate to the Company’s business and are the results of Executive’s efforts while performing services on behalf of Company, during the Employment Term (collectively, the “Employee Executive Work Product”), whether conceived or developed alone or with others, and whether or not conceived during the regular working hours of the Company, shall be deemed works made for hire and are the property of the Company. In the event that for whatever reason such Employee Executive Work Product shall not be deemed a work made for hire, Executive agrees that such Employee Executive Work Product shall become the sole and exclusive property of the Company, and Executive hereby assigns to the Company his or her entire right, title and interest in and to each and every patent, copyright, trade or service ▇m▇▇▇ (including any attendant goodwill), trade secret or other intellectual property right embodied in Employee Executive Work Product. Company shall also have the right, in its sole discretion, to keep any and all of Executive Work Products as Company’s Confidential Material. The foregoing work made for hire and assignment provisions are and shall be in consideration of this agreement of employment by the Company, and no further consideration is or shall be provided to Executive by the Company with respect to these provisions. Executive agrees to execute any assignment documents the Company may require confirming the Company’s ownership of any of Employee Executive Work Product. Executive also waives any and all moral rights with respect to any such works, including without limitation any and all rights of identification of authorship and/or rights of approval, restriction or limitation on any use or subsequent modifications.
7.2.1 Executive understands that the Company is hereby advising Executive that any provision in this Agreement requiring Executive to assign rights in any invention does not apply to an invention that qualifies fully under the provisions of Section 2870 of the California Labor Code. That Section provides as follows:
(a) “Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies facilities, or trade secret information, except for those inventions that either:
(i) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or
(ii) Result from any work performed by the employee for the employer.
(b) The extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of the state and is unenforceable.”
7.2.2 By signing this Agreement, Executive acknowledges that this Section shall constitute written notice of the provisions of Section 2870.
Appears in 4 contracts
Sources: Executive Employment Agreement (NGTV), Executive Employment Agreement (NGTV), Executive Employment Agreement (NGTV)
Assignment of Intellectual Property Rights. Any ideas(a) Executive agrees that he will, processeswithout additional compensation, designspromptly make full written disclosure to the Company, methodsand will hold in trust for the sole right and benefit of the Company all developments, substancesoriginal works of authorship, articlesinventions, concepts, know-how, copyrightable works, maskworks, trade or service marksimprovements, trade secrets, inventions, developments, discoveries, improvementsand similar proprietary rights, whether or not patentable or copyrightableregistrable under copyright or similar laws, and other matters that which Executive may (or have previously) solely or jointly conceive or develop or reduce to practice, or cause to be protected by intellectual property rightsconceived or developed or reduced to practice, that relate to during the Company’s business and are the results Term, whether or not during regular working hours, provided they arise out of Executive’s efforts employment with the Company or are developed through the use of equipment, supplies, or facilities of any member of the Company Group, or any Confidential Information (collectively referred to as “Developments”). Executive further acknowledges that all Developments made by Executive (solely or jointly with others) within the scope of and during the Term are “works made for hire” (collectively, to the “Employee Work Product”), whether conceived or developed alone or with others, and whether or not conceived during the regular working hours of greatest extent permitted by applicable law) for which Executive is compensated by the Company, shall be deemed works made for hire and are the property of the Company. In unless regulated otherwise by law, but that, in the event that for whatever reason any such Employee Work Product shall Development is deemed not to be deemed a work made for hire, Executive hereby assigns to the Company, or its designee, all Executive’s right, title, and interest throughout the world in and to any such Development.
(b) Executive agrees to reasonably assist the Company, or its designee, at the Company’s expense, in every reasonable way to secure the rights of the Company Group in the Developments and any copyrights, patents, trademarks, service marks, database rights, domain names, mask work rights, moral rights, and other intellectual property rights relating thereto in any and all countries, including the disclosure to the Company of all pertinent information and data with respect thereto, the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments that the Company shall deem necessary in order to apply for, obtain, maintain, and transfer such Employee Work Product shall become rights and in order to assign and convey to the Company Group the sole and exclusive property of the Company, and Executive hereby assigns to the Company his or her entire right, title title, and interest in and to each such Developments, and every patentany intellectual property and other proprietary rights relating thereto. Executive further agrees that Executive’s obligation to execute or cause to be executed, copyrightwhen it is in Executive’s power to do so, trade any such instrument or service ▇▇▇▇ (including any attendant goodwill), trade secret or other papers shall continue after the termination of the Term until the expiration of the last such intellectual property right embodied to expire in Employee Work Productany country of the world; provided, however, that the Company shall reimburse Executive for Executive’s reasonable expenses incurred in connection with carrying out the foregoing obligation. The foregoing work made If the Company is unable because of Executive’s mental or physical incapacity or unavailability for hire any other reason to secure Executive’s signature to apply for or to pursue any application for any United States or foreign patents or copyright registrations covering Developments or original works of authorship assigned to the Company as above, then Executive hereby irrevocably designates and assignment provisions are appoints the Company and shall be its duly authorized officers and agents as Executive’s agent and attorney in consideration of this agreement of employment by fact to act for and in Executive’s behalf and stead to execute and file any such applications or records and to do all other lawfully permitted acts to further the Companyapplication for, prosecution, issuance, maintenance, and no further consideration is transfer of letters patent or shall be provided registrations thereon with the same legal force and effect as if originally executed by me. Executive hereby waives and irrevocably quitclaims to Executive by the Company with respect to these provisions. Executive agrees to execute any assignment documents the Company may require confirming the Company’s ownership of any of Employee Work Product. Executive also waives any and all moral rights with respect to claims, of any such worksnature whatsoever, including without limitation that Executive now or hereafter have for past, present, or future infringement of any and all proprietary rights of identification of authorship and/or rights of approval, restriction or limitation on use or subsequent modifications.
7.2.1 Executive understands that the Company is hereby advising Executive that any provision in this Agreement requiring Executive to assign rights in any invention does not apply to an invention that qualifies fully under the provisions of Section 2870 of the California Labor Code. That Section provides as follows:
(a) “Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies facilities, or trade secret information, except for those inventions that either:
(i) Relate at the time of conception or reduction to practice of the invention assigned to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or
(ii) Result from any work performed by the employee for the employerCompany.
(b) The extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of the state and is unenforceable.”
7.2.2 By signing this Agreement, Executive acknowledges that this Section shall constitute written notice of the provisions of Section 2870.
Appears in 3 contracts
Sources: Employment Agreement (MP Materials Corp. / DE), Employment Agreement (MP Materials Corp. / DE), Employment Agreement (MP Materials Corp. / DE)
Assignment of Intellectual Property Rights. Any ideas, processes, designs, methods, substances, articles, know-how, copyrightable works, maskworks, trade or service marks, trade secrets, inventions, developments, discoveries, improvements, whether or not patentable or copyrightable, and other matters that may be protected by intellectual property rights, that relate to the Company’s business and are the results of Executive’s efforts during the Term (collectively, the “Employee Work Product”), whether conceived or developed alone or with others, and whether or not conceived during the regular working hours of the Company, shall be deemed works made for hire and are the property of the Company. In the event that for whatever reason such Employee Work Product shall not be deemed a work made for hire, Executive agrees that such Employee Work Product shall become the sole and exclusive property of the Company, and Executive hereby assigns to the Company his or her entire right, title and interest in and to each and every patent, copyright, trade or service ▇▇▇▇ (including any attendant goodwill), trade secret or other intellectual property right embodied in Employee Work Product. The foregoing work made for hire and assignment provisions are and shall be in consideration of this agreement of employment by the Company, and no further consideration is or shall be provided to Executive by the Company with respect to these provisions. Executive agrees to execute any assignment documents the Company may reasonably require confirming the Company’s ownership of any of Employee Work Product. Executive also waives any and all moral rights with respect to any such works, including without limitation any and all rights of identification of authorship and/or rights of approval, restriction or limitation on use or subsequent modifications.
7.2.1 Executive understands that the Company is hereby advising Executive that any provision in this Agreement requiring Executive to assign rights in any invention does not apply to an invention that qualifies fully under the provisions of Section 2870 of the California Labor CodeCode (“Section 2870”). That Section 2870 provides as follows:
(a) “Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies facilities, or trade secret information, except for those inventions that either:
(i) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or
(ii) Result from any work performed by the employee for the employer.
(b) The extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of the state and is unenforceable.”
7.2.2 By signing this Agreement, Executive acknowledges that this Section 7.2.1 shall constitute written notice of the provisions of Section 2870.
Appears in 2 contracts
Sources: Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes)
Assignment of Intellectual Property Rights. Any ideas, processes, designs, methods, substances, articles, know-how, copyrightable works, maskworks, trade or service marks, trade secrets, inventions, developments, discoveries, improvements, whether or not patentable or copyrightable, and other matters that may be protected by intellectual property rights, that relate to the Company’s business and are the results of Executive’s efforts during the Term (collectively, the “Employee Work Product”), whether conceived or developed alone or with others, and whether or not conceived during the regular working hours of the Company, shall be deemed works made for hire and are the property of the Company. In the event that for whatever reason such Employee Work Product shall not be deemed a work made for hire, Executive agrees that such Employee Work Product shall become the sole and exclusive property of the Company, and Executive hereby assigns to the Company his or her entire right, title and interest in and to each and every patent, copyright, trade or service ▇▇▇▇ (including any attendant goodwill), trade secret or other intellectual property right embodied in Employee Work Product. The foregoing work made for hire and assignment provisions are and shall be in consideration of this agreement of employment by the Company, and no further consideration is or shall be provided to Executive by the Company with respect to these provisions. Executive agrees to execute any assignment documents the Company may reasonably require confirming the Company’s ownership of any of Employee Work ProductProduct (at the Company’s sole expense). Executive also waives any and all moral rights with respect to any such works, including without limitation any and all rights of identification of authorship and/or rights of approval, restriction or limitation on use or subsequent modifications.
7.2.1 Executive understands that the Company is hereby advising Executive that any provision in this Agreement requiring Executive to assign rights in any invention does not apply to an invention that qualifies fully under the provisions of Section 2870 of the California Labor CodeCode (“Section 2870”). That Section 2870 provides as follows:
(a) “Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies facilities, or trade secret information, except for those inventions that either:
(i) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or
(ii) Result from any work performed by the employee for the employer.
(b) The extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of the state and is unenforceable.”
7.2.2 By signing this Agreement, Executive acknowledges that this Section 7.2.1 shall constitute written notice of the provisions of Section 2870.
Appears in 2 contracts
Sources: Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes)
Assignment of Intellectual Property Rights. Any ideas, processes, designs, methods, substances, articles, know-how, copyrightable works, maskworks, trade or service marks, trade secrets, inventions, developments, discoveries, improvements, whether or not patentable or copyrightable, and other matters that may be protected by intellectual property rights, that relate to the Company’s business and are the results of ExecutiveEmployee’s efforts during the Term (collectively, the “Employee Work Product”), whether conceived or developed alone or with others, and whether or not conceived during the regular working hours of the Company, shall be deemed works made for hire and are the property of the Company. In the event that for whatever reason such Employee Work Product shall not be deemed a work made for hire, Executive Employee agrees that such Employee Work Product shall become the sole and exclusive property of the Company, and Executive Employee hereby assigns to the Company his or his/her entire right, title and interest in and to each and every patent, copyright, trade or service ▇▇▇▇ (including any attendant goodwill), trade secret or other intellectual property right embodied in Employee Work Product. The foregoing work made for hire and assignment provisions are and shall be in consideration of this agreement of employment by the Company, and no further consideration is or shall be provided to Executive Employee by the Company with respect to these provisions. Executive Employee agrees to execute any assignment documents the Company may require confirming the Company’s ownership of any of Employee Work Product. Executive Employee also waives any and all moral rights with respect to any such works, including without limitation any and all rights of identification of authorship and/or rights of approval, restriction or limitation on use or subsequent modifications.
7.2.1 Executive Employee understands that the Company is hereby advising Executive Employee that any provision in this Agreement requiring Executive Employee to assign rights in any invention does not apply to an invention that qualifies fully under the provisions of Section 2870 of the California Labor Code. That Section provides as follows:
(a) “Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies facilities, or trade secret information, except for those inventions that either:
(i) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or
(ii) Result from any work performed by the employee for the employer.
(b) The extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of the state and is unenforceable.”
7.2.2 By signing this Agreement, Executive Employee acknowledges that this Section shall constitute written notice of the provisions of Section 2870.
Appears in 1 contract
Assignment of Intellectual Property Rights. Any ideas(a) Executive agrees that he will, processeswithout additional compensation, designspromptly make full written disclosure to the Company, methodsand will hold in trust for the sole right and benefit of the Company all developments, substancesoriginal works of authorship, articlesinventions, concepts, know-how, copyrightable works, maskworks, trade or service marksimprovements, trade secrets, inventions, developments, discoveries, improvementsand similar proprietary rights, whether or not patentable or copyrightableregistrable under copyright or similar laws, and other matters that which Executive may (or have previously) solely or jointly conceive or develop or reduce to practice, or cause to be protected by intellectual property rightsconceived or developed or reduced to practice, that relate to during the Company’s business and are the results Term, whether or not during regular working hours, provided they arise out of Executive’s efforts employment with the Company or are developed through the use of equipment, supplies, or facilities of any member of the Company Group, or any Confidential Information (collectively referred to as “Developments”). Executive further acknowledges that all Developments made by Executive (solely or jointly with others) within the scope of and during the Term are “works made for hire” (collectively, to the “Employee Work Product”), whether conceived or developed alone or with others, and whether or not conceived during the regular working hours of greatest extent permitted by applicable law) for which Executive is compensated by the Company, shall be deemed works made for hire and are the property of the Company. In unless regulated otherwise by law, but that, in the event that for whatever reason any such Employee Work Product shall Development is deemed not to be deemed a work made for hire, Executive hereby assigns to the Company, or its designee, all Executive’s right, title, and interest throughout the world in and to any such Development.
(b) Executive agrees to reasonably assist the Company, or its designee, at the Company’s expense, in every reasonable way to secure the rights of the Company Group in the Developments and any copyrights, patents, trademarks, service marks, database rights, domain names, mask work rights, moral rights, and other intellectual property rights relating thereto in any and all countries, including the disclosure to the Company of all pertinent information and data with respect thereto, the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments that the Company shall deem necessary in order to apply for, obtain, maintain, and transfer such Employee Work Product shall become rights and in order to assign and convey to the Company Group the sole and exclusive property of the Company, and Executive hereby assigns to the Company his or her entire right, title title, and interest in and to each such Developments, and every patentany intellectual property and other proprietary rights relating thereto. Executive further agrees that Executive’s obligation to execute or cause to be executed, copyrightwhen it is in Executive’s power to do so, trade any such instrument or service ▇▇▇▇ (including any attendant goodwill), trade secret or other papers shall continue after the termination of the Term until the expiration of the last such intellectual property right embodied to expire in Employee Work Productany country of the world; provided, however, that the Company shall reimburse Executive for Executive’s reasonable expenses incurred in connection with carrying out the foregoing obligation. The foregoing work made If the Company is unable because of Executive’s mental or physical incapacity or unavailability for hire any other reason to secure Executive’s signature to apply for or to pursue any application for any United States or foreign patents or copyright registrations covering Developments or original works of authorship assigned to the Company as above, then Executive hereby irrevocably designates and assignment provisions are appoints the Company and shall be its duly authorized officers and agents as Executive’s agent and attorney in consideration of this agreement of employment by fact to act for and in Executive’s behalf and stead to execute and file any such applications or records and to do all other lawfully permitted acts to further the Companyapplication for, prosecution, issuance, maintenance, and no further consideration is transfer of letters patent or shall be provided registrations thereon with the same legal force and effect as if originally executed by me. Executive hereby waives and irrevocably quitclaims to Executive by the Company with respect to these provisions. Executive agrees to execute any assignment documents the Company may require confirming the Company’s ownership of any of Employee Work Product. Executive also waives any and all moral rights with respect to claims, of any such worksnature whatsoever, including without limitation that Executive now or hereafter have for past, present, or future infringement of any and all proprietary rights assigned to the Company. For the avoidance of identification of authorship and/or rights of approvaldoubt, restriction or limitation on use or subsequent modifications.
7.2.1 Executive understands that the Company is hereby advising Executive that any provision nothing in this Agreement requiring Executive Section 7.3 applies to assign rights in any invention does not apply to an invention that qualifies fully under the provisions of Section 2870 of the California Labor Code. That Section provides as follows:
(a) “Any provision in an employment agreement which provides that an employee shall assignExecutive’s personal, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies facilities, or trade secret information, except for those inventions that either:
(i) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or
(ii) Result from any work performed by the employee for the employerfamily office and/or other business pursuits.
(b) The extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of the state and is unenforceable.”
7.2.2 By signing this Agreement, Executive acknowledges that this Section shall constitute written notice of the provisions of Section 2870.
Appears in 1 contract