jcpnext4
  1. jcpnext4
  2. JCPNEXT4-23

Problems when non-member companies encourage their employees to join as individuals

    Details

    • Type: Bug Bug
    • Status: Closed
    • Priority: Major Major
    • Resolution: Fixed
    • Labels:
      None

      Description

      In order to avoid paying membership fees companies sometimes do not join the JCP themselves but instead encourage one or more of their employees to join as individuals, typically in order to join an Expert Group.

      Under these circumstances the employee may well be acting as an "Agent" of the employer, and may (deliberately or inadvertently) contribute IP belonging to the employer, but the employer makes absolutely no IP grants. (Exhibit B simply asserts that the employer releases the employee of any claims over "personal" IP that the employee may otherwise have owned.)

      In other words, the protection provided by the Royalty-Free grants in respect to Contributions to a particular JSR and the RAND grants in respect to essential patents for other JSRs are completely absent.

      Specifically:

      1) The work of an Expert Group that the employee is participating in may become "contaminated" by IP belonging to the employer (without any legal grant of IP rights.)

      2) The employer avoids the obligation to make RAND grants with respect to essential patents for JSRs that the employee does not participate in.

        Issue Links

          Activity

          pcurran created issue -
          pcurran made changes -
          Field Original Value New Value
          Project jsr358 [ 12683 ] jcpnext4 [ 13762 ]
          Key JSR358-43 JCPNEXT4-23
          Component/s Intellectual Property [ 14518 ]
          Hide
          heathervc added a comment -

          There is also the issue of whether the Exhibit B should remain written 'per JSR' or should be 'per Individual'. There are cases of Individual Members interested in joining the JCP without a particular JSR of interest at the time.

          Show
          heathervc added a comment - There is also the issue of whether the Exhibit B should remain written 'per JSR' or should be 'per Individual'. There are cases of Individual Members interested in joining the JCP without a particular JSR of interest at the time.
          pcurran made changes -
          Comment [ I've outlined the problem we're trying to solve and a proposed solution in a document I've posted to the Document Archive ]
          Hide
          pcurran added a comment - - edited

          See the document Notes on Exhibit B for an analysis of the problem we're trying to solve and a proposed solution.

          Show
          pcurran added a comment - - edited See the document Notes on Exhibit B for an analysis of the problem we're trying to solve and a proposed solution.
          heathervc made changes -
          Assignee pcurran [ pcurran ]
          Hide
          heathervc added a comment -

          We will discuss the document on Exhibit B at the London May 2014 F2F meeting.

          Show
          heathervc added a comment - We will discuss the document on Exhibit B at the London May 2014 F2F meeting.
          pcurran made changes -
          Link This issue is related to JCPNEXT4-38 [ JCPNEXT4-38 ]
          Hide
          pcurran added a comment -

          Since we have a separate issue (#38) to address the contents of "Exhibit B" (now the Employer Contribution Agreement) I believe the remaining suggestions/problems in the issue have been addressed.

          Show
          pcurran added a comment - Since we have a separate issue (#38) to address the contents of "Exhibit B" (now the Employer Contribution Agreement) I believe the remaining suggestions/problems in the issue have been addressed.
          pcurran made changes -
          Status Open [ 1 ] Resolved [ 5 ]
          Resolution Fixed [ 1 ]
          Hide
          jpampuch added a comment -

          First issue, fees, is addressed by eliminating all fees for all members. (3.1.6)
          Remaining issue(s) addressed by Employer Contribution Agreement, plus limiting voting by all employees from a single company to 1 vote. (3.1.4, 3.7.4.2)

          This issue can be closed.

          Show
          jpampuch added a comment - First issue, fees, is addressed by eliminating all fees for all members. (3.1.6) Remaining issue(s) addressed by Employer Contribution Agreement, plus limiting voting by all employees from a single company to 1 vote. (3.1.4, 3.7.4.2) This issue can be closed.
          pcurran made changes -
          Status Resolved [ 5 ] Closed [ 6 ]

            People

            • Assignee:
              pcurran
              Reporter:
              pcurran
            • Votes:
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              Dates

              • Created:
                Updated:
                Resolved: