Monday, January 25, 2010

As already pointed in an earlier post, it really matters who is in a position to negotiate. Here some may say that those who have got name and fame can negotiate when it comes to clauses on issues like IPR, some may say that those individuals who possess some critical skills, required by the company, can negotiate on such clauses. And some like me, say that anybody can negotiate on such clauses if they really want to. The consequences may not be favorable. One may not get the job s/he applied for, just because s/he is not willing to sign on the particular clause relating to IPR. Hardships may come their way but they will have right over their own innovation, if ever they succeed in innovating.

Also, many a times it happens that the employment contracts are signed by employees just when they are joining. They don't even get the time to read the whole document and neither do they feel the need of going through the document before signing it. So clauses like IPR are signed by the employees without their knowledge of the existence of such clauses. Many a times even if the employees try to read the contract they are signing on, they find it beyond their comprehension. Instead of consulting anyone else, they simply sign on it. So the question of negotiating over the IPR type clause never arises.

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