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According to related topic:

If I'm working at a company, do they have intellectual property rights to the stuff I do in my spare time?

(and related : Intellectual Property and Side-Projects in Western Europe )

  • Let's assume both parties would love to cooperate in good faith.
  • Part of Employee's duties is Software Development
  • Employee would like to do not related Software Development in their spare time

The best way, would be to get transparent agreement between parties, securing interests of both sides (like granting nonexclusive license to Company for parts used in Company's products and Clarifying that rights are released to Employee).

How to formulate such kind of agreement to secure interests of both parties in healthy, fair way (for both of them)?

Area: Software Development with all related things (design, formulas, concepts, algorithms and data-structures, patents(?) ...).

Job relationship: Part of Employee's duties is software development (with all related activities), and Employee's is doing software development in spare time (assume healthy relationship: what Employee is doing in spare time is: not competitive, different area (like accounting software and computer games), not related with everyday tasks and Company's core products etc... - feel free to expand or paraphrase)

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1 Answer

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Thanks to @ChrisW comment under @Joel's post, there is and example pattern of such kind of agreement:

@Shoan - Yes (though laws vary from place to place). I wrote a letter which said, "I'm working on [describe project], outside of office hours and using my own equipment. This project doesn't compete with [employer]'s business, because [example/explanation of why there's no overlap]. Please confirm that project isn't covered by [IP assignment and work for hire defined in employment contract], and that [employer] disclaims all right, title, and interest in this project." I then asked my employer to sign it: someone senior (who had signing authority and could 'bind the company'). – ChrisW Feb 16 '11 at 14:52

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