MORCOM NO GO; SHOP RIGHT AND THE NET

Morcom no go

Earlier this week the IPKat announced that Christopher Morcom QC was stepping down as Head of Hogarth Chambers. Chris has asked him to clarify that, while he may be relinquishing the reins, he is emphatically not retiring from practice. So good luck Chris - and we'll see you in court!


Shop right and the Net

Co-blogmeister Jeremy, wearing his JIPLP hat, needs some help. He recalls that, in the United States, a case-law doctrine called the 'shop right' was developed. This doctrine stated (and here Jeremy is writing from memory) that, where an employee made a patented invention that belonged to him since the employment contract didn't require him to assign it to his employer, the employer still had an irrevocable, free but non-exclusive right to use it at the place of work where it was created.

Jeremy has three questions:

* is the shop right still part of US patent/employment law?

* how does it work where the invention is an internet-related one?

* is there a kind volunteer out there, most probably from the United States, who could write an article for JIPLP on the current status of the shop right?

Answers, please, to Jeremy here.

More on the shop right here , here and here