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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3466
Experience:  Experienced in intellectual property law
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Currently I work electronics company and I design electronic

Customer Question

Currently I work for an electronics company and I design electronic devices from schematic through printeyd circuit boards to firmware. If register my own company and start manufacture the very same devices that I designed during my work at my current job will I have copyright problems? None of the designs are copyright protected neither I have a particular points in my employment contract stating that I cannot do that.
Submitted: 2 years ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 2 years ago.
You will have to take a close look at your employment agreement (and have an attorney do so an well before you go off and start a company). You must make sure there is no non-compete agreement and, more importantly, that there is no intellectual property i.e. patented, copyrighted, trade secret or other proprietary or confidential information that you would be using. Even if the material does not fall within a certain class of IP, they can still claim it is Unfair Competition to use the work to compete with them etc. Most certainly your employer will claim one or more of those protections, they will not simply be ok with creating a competing company using designed you developed while you worked for them (which they claim ownership of). Virtually all employment agreements hold that the employer owns all IP developed by employees in the scope of their employment and/or using company resources. So you definitely need to be careful and hire an attorney to take a closer look before making a business decision. best of luck