Sage-Tips

Can my employer claim my intellectual property?

IP and employment relationships Typically, employers are entitled to all intellectual property created at/for their business, unless there exists a contract stating otherwise.

Does my company have IP rights to the stuff I do in my spare time Canada?

Very often, yes. The boilerplate IP contracts provided by most law firms usually claims one of: * All software development work you ever do while employed by the company. * All software development work you do using in any way any resource of the company, from computer to network connection.

How do you determine who owns intellectual property?

Generally speaking, the creator or originator of an idea, work, or novel invention is presumed to own the copyright to their creations. However, if the work was created as a part of a work-made-for-hire agreement, or in an employer-employee agreement, the copyright belongs to the employer.

How do you define intellectual property rights when is something yours?

Definition: The ownership of ideas. Unlike tangible assets to your business such as computers or your office, intellectual property is a collection of ideas and concepts. There are only three ways to protect intellectual property in the United States: through the use patents, trademarks or copyrights.

What is employee intellectual property?

Intellectual Property is a creation of the mind. It is a statutory presumption in most of the countries that the employer owns the intellectual property that an employee creates in the course of his employment.

Who owns copyright employer or employee?

The general rule – IP ownership The Copyright, Designs and Patents Act 1988 states that where a literary (or dramatic, musical, artistic or film) work is made by an employee in the course of employment, their employer is the first owner of any copyright in the work.

What happens if an employee claims ownership of intellectual property?

In the event the employee identifies and claims ownership of intellectual property that has been created during the course of employment and with company resources, and claims ownership to such property, the company should immediately work to determine if the employee truly owns it or if it is owned by the company.

How can I protect my intellectual property rights at work?

Keep your work device separate from your personal device. Avoid using the resources your employer provides. If you create intellectual property as part of your responsibilities at work, your employer is likely to own it.

Can employees share intellectual property rights with employers?

In fact, employees can share compensation for inventions of “outstanding benefit” for the employer. Intellectual property is important, and if you run a small business where your employees are creating things related to your company, it is important to have an agreement in writing beforehand to define who owns what.

Do you have to disclose intellectual property created outside of employment?

Some employers require employees to continually disclose intellectual property created outside the realm of his or her employment relationship. Again, this is done to avoid future arguments as to whether the company actually owns such intellectual property.