Does my employer own my side project in India?

Does your employer own your weekend side project? See the IP clauses that claim everything you create, and a safe carve-out clause for employees in India.

The risky clause

All inventions, code and ideas created by the Employee during employment, including on personal time and personal devices, belong exclusively to the Company.

Why it is dangerous

This wording claims work that has nothing to do with your job. Fair IP clauses cover work done as part of your duties or using company resources. Pre-existing projects and unrelated side projects should be listed and excluded. Many employers also restrict outside work, so check your contract before moonlighting. This is general information, not legal advice.

Safer clause to propose

The Employee retains all rights in (a) work listed in Schedule A and (b) personal projects created on personal time and equipment, without Company confidential information, and not related to the Company's business.

Message to send

Hi [HR Name],

Could the IP clause exclude my personal projects built on my own time and devices, and the projects listed in an attached Schedule A? I want the Company to own my work for them, not unrelated work. Thank you, [Your Name]

Frequently asked questions

Is moonlighting illegal in India?

There is no general ban, but your contract may prohibit outside work or require permission. Breaching it can lead to termination.

Can I list my existing projects before joining?

Yes. Attach a dated list of your prior projects and ask the employer to confirm they are excluded from the IP assignment.

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