RE: Power of Attorney in Employment Agreement

From: Elizabeth T Russell <brussell[_at_]supranet.net>
Date: Mon, 25 Sep 2006 19:20:45 -0400


Just to add to the inquiry: I question the enforceability of such clauses if not executed in accordance with applicable state law (e.g., many states require such powers to be notarized.)

Beth Russell

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Heather Vargas Sent: Monday, September 25, 2006 1:36 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Power of Attorney in Employment Agreement

I have seen a few employment and independent contractor agreements recently that contain a power of attorney from the employee/contractor to the employer/company to prosecute copyright/patent applications or otherwise act in the employee's stead with respect to intellectual property matters for work done for the company. Has anyone seen any case law on whether this is acceptable? Any opinions on whether this is a good/bad idea? Necessary? For those in favor, does anyone have good form language that they might be willing to share?

Thanks. Received on Tue Sep 26 2006 - 03:20:45 GMT

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