I have applied for a job as a software developer in the UK and have been sent back a contract which has the following wordage:
You agree that all rights to all material created in the course of your employment with the Company (including ownership of physical material) shall vest in the Company. In consideration of the Company entering into this Contract, you herby assign the Intellectual Property Rights with full title guarantee to the Company absolutely for as long as such rights subsist (including all renewals, reversions, extensions and revivals of such rights). For the purposes of this Clause "Intellectual Property Right" shall mean all rights and in the nature of Copyright, or database rights, patent rights, design rights (registered and/or unregistered), rights to trade marks (registered and/or unregistered) and all analogous rights whether now existing or created in the future to which you may now or at any time after the date of this Contract be entitled in respect of material created in the course of your engagement under this Contract.
You agree that you will, at the discretion of the Company, do all such things and sign and execute all such documents and deeds as may be required to perfect, protect or enforce any of the rights assigned to the Company under this Clause. You herewith irrevocably and unconditionally waive all moral rights to which you may now or at any time in the future will be entitled under the Copyright Designs and Patents Act 1988 (and under any similar laws enforced from time to time throughout the world) in respect of the material created by you in the course of your employment.
As far as I can see this means that I sign away any rights I currently have to any IP and also that I sign all rights to any IP I create whilst working for the company. The hiring manager says that I have this wrong and that it only means anything related to work that I would undertake during my employment with the company.
Am I correct or is the hiring manager correct ?
The reason I ask is I don't want to sign away my current IP rights as I have several side projects which are important to me. I also want to be able to continue working on these projects in my own time which this seems to disallow.
The second question is that the recruiter has basically said that I can get a separate email from the manager clarifying what this means rather than change the wording on this contract. How legally enforceable would this be ?