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Old 15.06.2021, 18:18
Urs Max Urs Max is offline
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Re: New employer wants me to start before end of current contract

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My experience is that as long as your invention has anything to do with the j ob you have been hired to do, you will have a hard time in courts.
Anybody can drag you before the courts for anything. The point is that the onus is on the employer to prove their claim.
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As you wrote, the migros cashier is obviously not hired to invent, which makes it simpler. The OP however, talking about company shares, is probably expected to be creative in his line of work.
OP's case has nothing to do with this, the shares vest (or not) based on the calendar.
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See above it does not come down to the time of invention. "In fulfilment of his duties is interpreted very broadly.
This is where you're wrong. The three conditions are to be met cumulatively, everything else is, as already mentioned, to be proven by who makes the claim, the employer in this case.

The copyright law repeats in 17 the three conditions that need to be met cumulatively:
(translated by deepl)
"Rights to programs

If a computer program is created in an employment relationship in the course of the performance of official duties and in fulfillment of contractual obligations, the employer alone shall be entitled to exercise the exclusive rights of use."
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