Legislature(2021 - 2022)BELTZ 105 (TSBldg)
05/17/2022 09:00 AM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB232 | |
| HB132 | |
| Confirmation Hearing | |
| HB132 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 232 | TELECONFERENCED | |
| += | HB 132 | TELECONFERENCED | |
SB 232-INTELLECTUAL PROPERTY OF EMPLOYEES
12:36:12 PM
CHAIR COSTELLO announced the consideration of SENATE BILL NO.
232 "An Act relating to employee intellectual property."
She noted that this was the first hearing and the intention was
to hear the introduction, take questions, hear public testimony,
and look to the will of the committee.
12:36:39 PM
KATIE MCCALL, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, introduced SB 232 paraphrasing the
sponsor statement that read as follows:
Senate Bill 232 protects Alaskan innovators. Right
now, an employer can try to claim, and profit from, an
employee's personal creations. This bill will protect
Alaskans' intellectual property. An employee who
invents something, from widgets to software, on their
own time with their own resources, will keep the
rights to their invention. The bill also makes sure
any disputes are heard in Alaska courts, not those of
other states.
Protecting Alaskans' intellectual property helps
further innovation and economic development in Alaska
by demonstrating our state's commitment to supporting
those with new and unique ideas. Implementing the
protections in Senate Bill 232 would provide assurance
to Alaskan employees that their innovative ideas are
their own.
12:37:49 PM
SENATOR STEVENS joined the committee.
12:37:55 PM
MS. MCCALL presented the sectional analysis for SB 232:
Sec. 1 AS 23.10.038 Page 1, Lines 3-15 & Page 2,
Line 1
Adds a new section of law which:
• Prohibits employers from claiming rights to an
employee's intellectual property, if the employee
developed an invention on their own time, outside
the scope of employment, and without using the
employer's resources
• Invalidates any employment agreement which tries
to give the employer rights to an employee's
personal inventions
• Ensures employees have access to the Alaska
courts to defend their personal inventions
Sec. 2 Page 2, Lines 2-5
Specifies that this Act only applies to employment
agreements on or after the effective date.
12:38:56 PM
CHAIR COSTELLO found no questions and invited Mark Billingsley
to provide his testimony
12:39:27 PM
MARK BILLINGSLEY, Director, Office of Intellectual Property &
Commercialization, and the Center for Innovation,
Commercialization, and Entrepreneurship, University of Alaska
Fairbanks (UAF), Fairbanks, Alaska, stated that he was one of
two practicing patent attorneys in the state. His job at the
university was to implement and commercialize university
research and development (R&D) and spur entrepreneurial
endeavors. He offered his perspective that there was a lot of
opportunity in Alaska and that there was a lot of interest in
the state nationally, but that it had a long way to go to be
competitive with the rest of the US. He said innovations don't
necessarily mean designing new things. What's needed here is to
take what already exists, bring it to Alaska, and adapt it for
use here. He pointed out that Alaska needed programs and
systems, economic structures, and financial tools.
MR. BILLINGSLEY said SB 232 broadly addresses employment
contracts and an employer who claims the intellectual property
rights of an employee's innovation that was developed on their
own time, in their own place, and using their own resources. He
said it would be for the courts to decide but he wonders whether
such an employment contract would be enforceable. He noted that
whoever drafted the bill did a good job of recognizing potential
issues with retroactive application.
12:44:16 PM
CHAIR COSTELLO asked if the bill addresses the situation of an
individual who on their own time and in their own place,
innovates some kind of intellectual property and commercializes
it, and their employer asserts ownership.
MR. BILLINGSLEY said the default owner of intellectual property
is the inventor or author so in that example the employee is the
owner, not the employer. The main exception to that is invention
for hire, which is when somebody is specifically hired to invent
something. Large organizations typically have employee language
in the hiring contract that assigns everything the employee
invents that is related to the scope of their work to that
organization. Even if that language is missing there is a legal
mechanism for the employer to keep ownership of the invention.
CHAIR COSTELLO asked if it was his opinion that SB 232 placed
the default into statue, which was that the employee owns their
intellectual property.
MR. BILLINGSLEY replied the default was that the employee owns
their intellectual property. His view of the legislation was
that it sought to overcome a contract that tries to undermine
the default.
CHAIR COSTELLO thanked him for the testimony.
12:48:44 PM
CHAIR COSTELLO opened public testimony on SB 232; finding none,
she closed public testimony.
12:49:02 PM
At ease
12:50:10 PM
CHAIR COSTELLO reconvened the meeting and stated she would hold
SB 232 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 132 Amendment F.1.pdf |
SL&C 5/17/2022 9:00:00 AM |
HB 132 |