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Intellectual Property Policy

Clear ownership rules for inventions, code, designs, and creative work to avoid disputes and protect both company and individual interests.

개요​

Intellectual property (IP) disputes destroy relationships and companies. They arise when ownership is ambiguous: Who owns the code you wrote on your laptop after hours? What about the design concept you sketched during a brainstorming session? Can you reuse algorithms you developed at a previous job?

Kyndof's IP Policy answers these questions upfront. The core principle is simple: work created for Kyndof, using Kyndof resources, during work time belongs to Kyndof. Everything else requires negotiation. Clarity beats ambiguity every time.

This policy applies to all employees, contractors, and partners who create intellectual property in the course of their relationship with Kyndof.

What Counts as Intellectual Property​

IP includes more than patents—it's anything that can be owned:

Copyright: Original creative works like code, documentation, designs, blog posts, videos, presentations, marketing materials. Copyright exists automatically upon creation—no registration required.

Patents: Inventions and novel processes. Software patents are controversial and jurisdiction-dependent, but they exist. If you invent something genuinely novel (not just obvious engineering), it might be patentable.

Trademarks: Brand names, logos, slogans, product names. Trademarks distinguish our products from competitors and build brand equity. Using similar marks creates confusion and infringement risk.

Trade Secrets: Confidential information that provides competitive advantage—algorithms, customer lists, pricing strategies, proprietary processes. Trade secrets have value as long as they remain secret.

Moral Rights: In some jurisdictions (especially EU), creators retain moral rights even when they transfer copyright—right to attribution, right to object to derogatory treatment. These rights are non-transferable but can be waived.

Company Ownership​

Kyndof automatically owns IP created under these conditions:

During Work Hours: Anything you create during scheduled work time belongs to Kyndof. This includes code, designs, documentation, inventions, creative works, and research. Work hours are defined broadly—if you're getting paid for the time, you're on work hours.

Using Company Resources: Anything created using Kyndof equipment, software licenses, cloud resources, data, or facilities belongs to Kyndof. This applies even outside work hours—if you use your company laptop on Sunday to build a prototype, that prototype is company IP.

Within Scope of Employment: Anything directly related to your job responsibilities or company projects belongs to Kyndof, even if created outside work hours or without company resources. If you're hired as a backend engineer and you write database optimization code at home, that's company IP.

Assigned Work: If your manager assigns you a task or project, all output belongs to Kyndof regardless of when or where you complete it.

The combination of these factors determines ownership. Wrote code on your personal laptop (not company resource) on Saturday (not work hours) for a home automation project (not work scope)? Probably your IP. Wrote code on your personal laptop on Saturday for improving Kyndof's deployment pipeline? Company IP, despite location and timing.

Personal Projects and Side Work​

We don't claim ownership of everything you create. Here's how to maintain separation:

Full Disclosure: Before starting a side project, disclose it to your manager. Describe what you're building, whether it competes with Kyndof, and whether it uses any company resources or knowledge. Disclosure protects both you and the company.

No Competition: Personal projects can't compete with Kyndof's products, services, or strategic direction. Building a personal finance app when Kyndof does B2B SaaS? Fine. Building a competing B2B SaaS product? Not fine. When in doubt, ask.

No Resource Use: Don't use company equipment, licenses, data, or cloud resources for personal projects. Use your own laptop, your own AWS account, your own software licenses. Keep finances and resources completely separate.

No Work Time: Don't work on personal projects during work hours, even if you're ahead on your tasks. Work time belongs to the company—use it for company work or downtime, not side projects.

No Trade Secrets: Don't use Kyndof trade secrets, proprietary algorithms, or confidential information in personal projects. Even if the project doesn't compete, using trade secrets creates legal exposure.

Open Source Contributions: Contributing to open source projects is encouraged but requires disclosure. If the contribution relates to your work at Kyndof (e.g., you're fixing a bug in a library we use), that contribution might be company IP. Discuss with your manager before contributing work-related changes to open source.

Post-Employment: After leaving Kyndof, you retain personal projects you created according to these rules. You can't take company IP with you, but genuine personal projects developed without company resources remain yours.

Assignment of Rights​

When you join Kyndof, you sign an IP assignment agreement:

Prospective Assignment: You assign to Kyndof all IP you create in the future that falls under "Company Ownership" criteria above. This is standard and enforceable.

Prior Inventions: You disclose any IP you created before joining that you want to exclude from the assignment. This protects your existing projects from being claimed by the company. If you have pre-existing projects, list them during onboarding.

Moral Rights Waiver: To the extent permitted by law, you waive moral rights to company-owned IP. This allows Kyndof to modify, adapt, and use the work without seeking your permission for each change.

Cooperation: You agree to cooperate with patent applications, copyright registrations, and other IP protection efforts. This might include signing additional documents or providing testimony. You'll be compensated for time spent on post-employment cooperation.

These assignments are necessary for Kyndof to own its IP clearly. Without them, every piece of code or design would have ambiguous ownership, making the company difficult to sell or license.

Contractor and Partner IP​

Contractors and partners create IP under different terms than employees:

Work-for-Hire: Contractor agreements typically specify work-for-hire terms, meaning deliverables belong to Kyndof upon payment. Ensure work-for-hire language is explicit in contracts—default law varies by jurisdiction.

Contractor Personal Projects: Contractors retain rights to personal projects created outside the engagement, using their own resources, and unrelated to Kyndof work. Same rules as employees: no competition, no resource use, full disclosure.

Pre-Existing IP: Contractors often bring pre-existing tools, libraries, or frameworks. These remain contractor IP but are licensed to Kyndof for use. Ensure licenses are clear and broad enough for our needs (e.g., perpetual, irrevocable, commercial use).

Joint IP: When Kyndof employees and contractors collaborate, ownership can be murky. Default to joint ownership with Kyndof having commercialization rights, or structure contracts to assign joint IP to Kyndof entirely.

Open Source Use: Contractors can use open source libraries in deliverables, but they must disclose licenses and ensure compatibility with Kyndof's commercial use. No GPL code in proprietary products without explicit approval.

Patents and Inventions​

Patent situations require special handling:

Invention Disclosure: If you invent something patentable during your work, disclose it to your manager and Legal. Not every invention gets patented (patents are expensive), but we need to know about them to make strategic decisions.

Patent Ownership: Inventions created within scope of employment or using company resources belong to Kyndof. Even if you conceive the idea at home, if it's work-related, it's company IP.

Inventor Recognition: If Kyndof files a patent, named inventors receive recognition (their name on the patent) and may receive bonuses based on patent's commercial value. You don't own the patent, but you get credit.

Submarine Patents: Don't file patent applications for work-related inventions on your own. This creates legal conflicts and can invalidate patents. Always disclose and let the company decide whether to pursue patent protection.

Prior Art: Before filing patents, we search for prior art to assess novelty. If you know of prior art (existing patents, publications, open source projects), disclose it during the invention disclosure process.

Trademarks and Branding​

Brand identity is valuable IP:

Company Marks: Kyndof's name, logo, tagline, and product names are company trademarks. Don't use them in personal projects, side businesses, or in ways that create confusion about affiliation.

Personal Branding: You're welcome to mention that you work at Kyndof on your personal website or LinkedIn, but make clear that personal views are yours, not the company's. Don't use company logos or branding on personal platforms without permission.

Domain Names: Don't register domain names incorporating Kyndof trademarks for personal use. If you have a legitimate business need, request it through marketing.

Product Naming: When naming new products or features, check for trademark conflicts. Marketing and Legal handle trademark searches and registrations—don't launch products with unapproved names.

Confidential Information and Trade Secrets​

Some IP is valuable because it's secret:

What's Confidential: Unreleased product plans, financial data, customer lists, pricing strategies, source code, algorithms, security measures, vendor agreements, strategic decisions. If it's not public, treat it as confidential.

Duty of Confidentiality: Don't disclose confidential information outside the company without authorization. This duty continues even after you leave Kyndof—you can't take trade secrets to your next employer.

Inevitable Disclosure: Some jurisdictions recognize "inevitable disclosure" doctrine—if your new job makes it impossible not to use trade secrets, you can be barred from that job. Be careful about joining direct competitors in similar roles.

Reverse Engineering: If you join Kyndof from a competitor, don't bring their trade secrets with you. Don't implement features "the way we did it at OldCo." Use publicly available information or invent new approaches.

Public Disclosure: Once information is publicly disclosed (in blog posts, conference talks, open source releases), it's no longer a trade secret. Get approval before public disclosure to ensure we're not accidentally destroying IP value.

Open Source Contributions and Licenses​

Open source creates IP complexities:

Using Open Source: You can use open source libraries in Kyndof projects if licenses are compatible. Permissive licenses (MIT, Apache, BSD) are generally fine. Copyleft licenses (GPL, AGPL) require Legal review—they can force us to open-source our own code.

Contributing to Open Source: If you contribute to open source projects as part of your job (e.g., fixing bugs in libraries we depend on), those contributions are company IP but are licensed to the project under its open source license. Disclose significant contributions to your manager.

Kyndof Open Source Projects: When Kyndof releases code as open source, we retain copyright but grant public license. Ensure all contributors have signed IP assignment agreements before releasing, or you can't legally open-source the code.

Personal Open Source: Contributing to open source projects on your own time, unrelated to work, is encouraged. But if the contribution uses company resources or trade secrets, it might be company IP. Discuss with your manager.

Dual Licensing: Some projects offer dual licensing (open source for non-commercial use, paid license for commercial use). This requires clear IP ownership and licensing strategy—consult Legal before pursuing.

Disputes and Ambiguity​

When ownership is unclear:

Good Faith Disclosure: If you're unsure whether something is company IP, disclose it and ask. Good faith disclosure protects you from disputes later. We'd rather have awkward conversations upfront than lawsuits later.

Joint Ownership: If you co-create IP with someone outside Kyndof (e.g., academic collaborator, open source contributor), document ownership and licensing upfront. Joint ownership creates complications—avoid it when possible.

Employment Agreement Supersedes: If your employment agreement contains IP clauses that differ from this policy, the employment agreement controls. Review your contract if you have questions.

Jurisdictional Differences: IP law varies by country. This policy reflects common principles, but consult Legal for jurisdiction-specific questions. What's enforceable in California might not be in Germany.

Litigation Risk: IP disputes are expensive and distracting. We resolve ambiguity through negotiation when possible. Litigation is a last resort for clear violations or significant value at stake.

Post-Employment Obligations​

Your IP duties don't end when you leave:

Confidentiality Continues: Trade secrets and confidential information remain confidential after you leave. You can't take customer lists, source code, or proprietary algorithms to your next job.

Non-Compete Clauses: Some employment agreements include non-compete clauses restricting you from joining competitors for a period (typically 6-12 months). Enforceability varies by jurisdiction—California mostly prohibits them, other states enforce them. Review your contract.

Non-Solicitation: Don't solicit Kyndof customers or employees to join your new company for a period after leaving (typically 12 months). You can accept approaches from them, but you can't actively recruit.

Return of Materials: Return all company equipment, documents, and materials when you leave. Delete company data from personal devices. We'll verify return before issuing final paycheck in some jurisdictions.

Cooperation: You may be asked to cooperate with patent filings, litigation, or IP matters after leaving. You'll be compensated for your time, but cooperation is a contractual obligation.

Enforcement and Consequences​

Violations create serious consequences:

Immediate Termination: Intentional IP theft, trade secret disclosure to competitors, or working on competing products while employed results in immediate termination for cause (no severance, negative reference).

Legal Action: We pursue legal remedies for IP violations, including injunctions (court orders to stop using IP), damages (financial compensation), and in severe cases, criminal charges for trade secret theft.

Industry Reputation: IP theft destroys professional reputation. Word spreads in industries—being known as someone who took competitor trade secrets makes you unemployable in that sector.

Good Faith Mistakes: If you inadvertently create an IP conflict through lack of understanding, we'll work with you to resolve it. Good faith mistakes get coaching and clarification; intentional violations get litigation.

Why This Policy Exists​

IP policies exist because ambiguity creates risk. Without clear ownership, companies can't confidently sell, license, or defend their IP. Investors won't fund companies with cloudy IP ownership. Acquirers won't buy companies where key IP might be co-owned by departed employees.

For employees, clear IP policies protect personal projects. You know exactly what the company can and can't claim. You can pursue side projects without fear of the company later asserting ownership. Clarity benefits everyone.

This policy balances company and individual interests. We don't claim everything you think about—only what you create in the course of employment. We encourage personal projects and open source contributions as long as they don't compete or use company resources.

When disputes arise, we default to negotiation over litigation. Most conflicts come from miscommunication, not malice. But when someone intentionally violates IP policies—taking code to a competitor, starting a competing business while employed, disclosing trade secrets—we enforce aggressively.

The best IP strategy is to avoid disputes entirely through clarity, documentation, and good faith disclosure. When in doubt, ask. That's what this policy is for.

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