Legal Question in Intellectual Property in Texas

shop rite/common law

I have heard of a common law ''shop rite'' and have been unable to locate the text.

It is along the line of what an employee preforms for an employer, belongs to the employer.


Asked on 4/10/02, 2:57 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: shop rite/common law

Yes, that is basically right.

However, it is not "common law" (court rulings), but rather the subject of statutes in many foreign countries, and in some US states.

Nearly all companies of any level of sophistication have "Employee Agreements" that specify that the employee must assign to the company any invention made during the term of the employment and which relates to the company's business and which results from work within the employee's job description. Some employers go further, some much further, so there are many state laws that are intended to invalidate any overreaching by the employer in this area.

I cannot be much more specific unless your question is more specific.

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Answered on 4/10/02, 3:23 pm


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