Consultation: IP rights, non-compete, and conflict of interest policies
Budget: £20 – £250 GBP
Hello,
I hope you are well
I’m an employee of a big game dev company in the United Kingdom. I’m interested to know if I can develop my own game and make money from it, or possibly start a small game dev company while keeping my current employment. I’d also like to know if it’s possible to keep the intellectual property and other rights for my games in this case.
I need some advice related to intellectual property rights, non-compete clauses, and conflict of interest policies.
My employment agreement states that:
* any intellectual property or invention “which is created, devised, developed, discovered or worked on wholly or partially by you at any time during the course of your employment with the Company (whether or not during working hours or using Company premises or resources, and whether or not recorded in material form)” automatically belongs to my employer;
* “During the Employment, you will not, without the prior written consent of the Company, be engaged, concerned or interested in any business or undertaking whatsoever other than the business of the Company or any Group Company, except: (i) as the owner for investment of shares or other securities quoted on a public stock exchange and not exceeding 5% of the total issued shares of any company; or (ii) as the owner of a share in freehold land via any residential estate management company or other organization.”
These are not the only clauses regarding these topics (I can send you the full agreement if needed)
My employer has a form that, if I want to make a game, I can fill out and get the employer’s consent. However, they made it clear that they won’t permit us to make money on our games.
I’d like to know if there are possible ways to work around these limitations.
1. What if my spouse starts a game dev company and I work under her name?
2. What other possible ways do you see?
3. What can happen if my company finds out that I do this? Is it limited to disciplinary measures / being fired, or can it result in facing a lawsuit / criminal offence? If it’s about disciplinary measures / being fired, would it be possible to keep the IP rights and the game income?
Thank you for your time.
I hope you are well
I’m an employee of a big game dev company in the United Kingdom. I’m interested to know if I can develop my own game and make money from it, or possibly start a small game dev company while keeping my current employment. I’d also like to know if it’s possible to keep the intellectual property and other rights for my games in this case.
I need some advice related to intellectual property rights, non-compete clauses, and conflict of interest policies.
My employment agreement states that:
* any intellectual property or invention “which is created, devised, developed, discovered or worked on wholly or partially by you at any time during the course of your employment with the Company (whether or not during working hours or using Company premises or resources, and whether or not recorded in material form)” automatically belongs to my employer;
* “During the Employment, you will not, without the prior written consent of the Company, be engaged, concerned or interested in any business or undertaking whatsoever other than the business of the Company or any Group Company, except: (i) as the owner for investment of shares or other securities quoted on a public stock exchange and not exceeding 5% of the total issued shares of any company; or (ii) as the owner of a share in freehold land via any residential estate management company or other organization.”
These are not the only clauses regarding these topics (I can send you the full agreement if needed)
My employer has a form that, if I want to make a game, I can fill out and get the employer’s consent. However, they made it clear that they won’t permit us to make money on our games.
I’d like to know if there are possible ways to work around these limitations.
1. What if my spouse starts a game dev company and I work under her name?
2. What other possible ways do you see?
3. What can happen if my company finds out that I do this? Is it limited to disciplinary measures / being fired, or can it result in facing a lawsuit / criminal offence? If it’s about disciplinary measures / being fired, would it be possible to keep the IP rights and the game income?
Thank you for your time.