Legal Question in Intellectual Property in Illinois

Is this a non-compete agreement?
I am currently employed full-time with a large Information Technology company. But I also want to start my own part-time IT-related business, providing technical services explicitly to small businesses only.

But I am not sure if I can legally do this without violating my current employment agreement with the following clause:

''I assign to [current employer] my entire right, title, and interest in any idea, concept, technique, invention, design, computer programs and related documentation, other works of authorship, hereafter made, conceived, written, or otherwise created solely or jointly by me, which relate to
the actual or anticipated business or research or development of [current employer] or its subsidiaries...''

How can I legally start my own IT-related business without violating my current employment agreement? Thank you for your help.

Asked on 7/20/02, 2:22 pm

2 Answers from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

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Re: Is this a non-compete agreement?

What you quoted is not what is usually meant by a non-compete agreement. It does, however, appear to give your employer ownership of any intellectual property you create while employed there. This may or may not be mitigated in other parts of the agreement, and it may or may not terminate when your employment terminates.

You really need to consult with an attorney and show him/her the complete contract in order to get useful advice about the effect of your starting a company in the same industry as your employer.

Answered on 7/24/02, 6:06 pm

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