I'm entering an internship with an office of a global company in India. In the offer letter of my internship, the company states that I will convey ownership of any intellectual property conceived by me in the future, even after the termination of the internship.
[I understand that companies sometimes ask you to convey ownership of intellectual property if done during working hours or if made using the company's resources. But this talks about intellectual property made after the termination of internship as well.]
To quote from my offer letter: (1)
All Intellectual Property, irrespective of whether made, devised or discovered during normal working hours or using the facilities of the Company, whether alone or jointly with others, shall be the exclusive property of the Company. You hereby convey ownership in all such Intellectual Property to the Company upon inception or development. To the extent that the Company is not the immediate owner of the Intellectual Property, you irrevocably assign all Intellectual Property to the Company, in perpetuity and on a worldwide basis.
And then: (2)
You shall always, whether during the course of, or after the termination of your internship:
a) Not (unless with the prior written consent of the Company) apply for any patent, design or other registration as the case may be, either in India, or in any other part of the world for any Intellectual Property conceived or made by you.
And then later on in the letter: (3)
d) Waive all moral rights arising from any such works or material so far as you may lawfully do so in favor of the Company.\
Towards the end of the section, the company does state this: (4)
Nothing in this Internship offer shall oblige the Company to seek patent or other protection for any Intellectual Property or to exploit any such Intellectual Property.
It shall be presumed (but subject to proof to the contrary) that the subject matter of any application for a patent, design or other Intellectual Property registration filed by you or any assignee or agent of yourself within 12 months after the termination of your internship, and relating to goods or services of a kind with which you were concerned in the course of your internship, is Intellectual Property made by you during your internship with the Company.
(1), (2) and (3) have no mention of this "1 year" deadline -- (4) talks of this 1 year period but (4) alone does not exactly mean that the company can't exercise (1), (2) and (3). (1) even specifically says "in perpetuity".
Is this even legal? I know I should probably ask the company, but it looks if I take this up with the company, I'll be the only one doing so from my cohort of interns.