Understanding "EMPLOYEE PROPRIETARY INFORMATION AND INVENTIONS AGREEMENT"

[enquest]

Hello,

I am wondering if it is just me who is confused with some aspects of "EMPLOYEE PROPRIETARY INFORMATION AND INVENTIONS AGREEMENT" which can be found here: Form of Employee Proprietary Information and Inventions Agreement (sec.gov)

1. On one hand this document (4. ADDITIONAL ACTIVITIES) states that:

"I agree that during the period of my employment by the Company, I will not, without the Company’s express written consent, engage in any employment or business activity which is competitive with, or would otherwise conflict with, my employment by the Company"

and on the other hand (2.8 Enforcement of Proprietary Rights), it states that:

" My obligation to assist the Company with respect to Proprietary Rights relating to such Company Inventions in any and all countries shall continue beyond the termination of my employment, but the Company shall compensate me at a reasonable rate after my termination for the time actually spent by me at the Company’s request on such assistance"

I am wondering how the person can continue to support his old company if a new company that is using the same document most probably will prevent him from doing so.

Taking into account the requirements of (9. NOTIFICATION OF NEW EMPLOYER) which states that: "In the event that I leave the employ of the Company, I hereby consent to the notification of my new employer of my rights and obligations under this Agreement." this person will never be able to find a job.

Is this not an infringement of employees' rights?

Also confused with the following statement from the same document:

10.3 Successors and Assigns. This Agreement will be binding upon my heirs, executors, administrators, and other legal representatives and will be for the benefit of the Company, its successors, and its assigns

What kind of heirs, executors, and administrators this is all about if the person is being employed as a staff? His children cannot inherit this position from him and he cannot be held responsible after he dies...

Please let me know if my understanding is wrong and share your thoughts on this

Thanks in advance





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[ULA]

Can I ask considering the jurisdiction is the state of Colorado are you from the States. If so we are a UK based site and I would not want to provide advice on an interpretation of another jurisdiction in case we arrived at a wrong conclusion.

There is a US site similar in name to us linked to below you may be able to assist:

https://legalbeagle.com/

[enquest]

Can I ask considering the jurisdiction is the state of Colorado are you from the States. If so we are a UK based site and I would not want to provide advice on an interpretation of another jurisdiction in case we arrived at a wrong conclusion.

There is a US site similar in name to us linked to below you may be able to assist:

https://legalbeagle.com/

Hello, many thanks for your response. I am based in UK. The reason why I am asking is that US Company I requesting there UK employees to sign this document.

[atticus]

Your heirs etc can be bound by the assignment of IP rights. That might be what they are clumsily getting at.