USA Operations Centers Intellectual Property & Non-Disclosure Policy May 2017
As this policy is reviewed, please note the following State/Area for which exceptions exist:
Not Applicable
Specific details on each exception may be found within the General Information section of this text.
Intellectual property (IP) assets allow Joyner to remain competitive and be the customer’s best choice for Transportation & Logistic services.
Examples include but are not limited to: copyrights, trademarks, patents and trade secrets. Examples of materials with IP include business models and marketing plans.
It is the expectation of Joyner that any intellectual property developed while performing work for, or on behalf of, Joyner, or while using Joyner resources, equipment, time, or information, belongs to Joyner.
Employees must safeguard Joyner information from unauthorized disclosure or use, and must not use Joyner information for their benefit or that of others. This includes internal projects or initiatives that involve confidential or trade secret information where information and details should not be disclosed to anyone without a business need to know such information.
New Employees -
All new employees are required to complete the electronic Intellectual Property Assignment and Non-Disclosure Agreement for New Employees (IP Agreement) within three days of their start date with Joyner. The IP Agreement has two major components:
Intellectual Property Section
Intellectual property includes, for example, inventions, techniques, improvements, processes, material, concepts, designs, software, technologies, innovations, and creations and various types of work product.
As a condition of employment for working at Joyner, all new hires or rehires are required to sign the Agreement which outlines that the results of their work performed for Joyner are exclusively owned by Joyner. This applies whether or not the intellectual property is patentable and is conceived, developed, created, or reduced to practice, on an employee’s own or in concert with others.
This Agreement does not apply to an invention for which no equipment, supplies, facility, confidential or trade secret information of Joyner was used AND which was developed entirely on their own time UNLESS
The invention relates
To the business of Joyner or
To Joyner’s actual or demonstrably anticipated research or development
The invention results from any work performed by me, on my own or in concert with others, for Joyner.
Additionally, this assignment does not apply to any discoveries, original works, or inventions created or developed prior to employment by Joyner and which are listed by the employee on Attachment A of the Agreement.
Non-disclosure Section
The non-disclosure section requires that employees safeguard and prevent unauthorized disclosure (including to other Joyner employees) of any confidential and/or trade secret information unless given the express written authorization. Employee obligations under this Agreement continue indefinitely and without limitation beyond employment with Joyner.
Exiting Employees –
Inside (non-public) information belonging to Joyner must be kept confidential and may not be used for personal gain. Employees must safeguard Joyner information from unauthorized disclosure or use, and must not use Joyner information for their benefit or that of others. Employees must return any information to Joyner when they leave Joyner. The obligation not to disclose or use Joyner information continues after employees leave Joyner.
All newly hired or rehired employees that receive a job offer will be required to sign the IP Agreement within three days of their effective start date.
Employees with questions regarding the Agreement should contact Human Resources & Employee Care.
When requested to by your supervisor, terminating employees must complete an Intellectual Property Non-Disclosure Memorandum of Understanding (IP MOU) regarding the obligation not to disclose inside information belonging to Joyner. Upon completion, the electronic MOU is stored the Official Employee File.
The supervisor should be knowledgeable about the Code of Conduct and any other policies (if applicable) relating to intellectual property.
Managers should ensure new or re-hired employees sign the IP Agreement within three days of their effective start date at Joyner. Management should direct employees to the HREC with any questions/concerns.
Management is responsible for making their respective Executive office and the HREC aware of any known violations of, or actual or potential conflicts with, the Code of Conduct or other policies relating to intellectual property.
When an employee is terminating employment from Joyner, the first line supervisor is responsible for determining if a non-disclosure reminder meeting is appropriate. While the list below does not cover every possible circumstance, it is particularly important to hold this meeting in situations where the terminating employee has knowledge of trade secrets, or when the terminating employee is going to work for a competitor. In these situations, the supervisor should do the following:
Schedule a meeting (in-person or virtual) with the terminating employee
Provide a copy of the most current Code of Conduct to the employee, which can be found on the Code of Conduct site.
Review the applicable parts of the Code with the employee.
Provide a link to the Electronic IP MOU to the employee. Upon completion, this form will automatically route to HR Records to be filed in the Official Employee File.
Alert the IP Policy steward of any concerns.
Please see the Management Job Aid in the Resources section below for more information.
** Please note that this reminder meeting for executive-level terminations is handled by the Office of Vice President of Human Resources & Employee Care.
Human Resources employees should read and become familiar with the IP Agreement.
If an HR employee becomes aware of the need for an IP Non-Disclosure Reminder Meeting, please work with the supervisor of the terminating employee to ensure his/her awareness of the need for the meeting.
Human Resources employees should be knowledgeable about the Code of Conduct and any other policies (if applicable) relating to intellectual property.
HR should assist prospective and/or current employees with answers to general questions regarding the Agreement.
HR should refer prospective and/or current employees to the Intellectual Property Policy steward for specific questions.
The Intellectual Property Policy steward and Legal Services will collaborate with the respective business area to address concerns.