Legal Question in Intellectual Property in Georgia
Intellectual Property Agreements
An employee who works for a company who has signed or agreed to an agreement in the area of their conduct, company policies, conflicts of interest,confidential information in a prior year which mentions nothing about intellectual property and receives another agreement to sign the following year that has changed to include intellectual property and more and the employee disagrees with the new agreement and does not sign it and by doing so will the employees decision supersede any prior agreement? Verses if they do sign the new agreement assuming that it will supersede all prior agreements even if the word supersede is no where to be found on the agreement. Also if it does not supersede the prior agreement by their not signing can the company fall back on the terminolgy of the prior agreement? Thanks
1 Answer from Attorneys
Re: Intellectual Property Agreements
A great deal depends on the language of the two agreements. For instance, the prior year's agreement may indeed cover intellectual property by its restrictions concerning confidential information. If the company decides to retain the employee who does not sign the second agreement, it is probable that the employee will be bound by the old agreement AS WELL AS any new policies adopted by the company, even if the employee does not specifically sign an agreement covering this new subject matter. From the information you have provided, however, it is impossible to tell exactly what rules and which agreement would apply. I would caution you that failing to sign the new agreement probably would not give you carte blanche regarding the company's intellectual property, and any intellectual property you create while working for the company would probably still belong solely to the company as work for hire.