Intellectual Rights Created by Employees

Intellectual Rights Created by Employees

 

As a general principle, an employer owns the intellectual property rights (IP) created by its employees in the course of their employment.

 

To avoid potential employment disputes, the ownership of IP rights should be expressly negotiated between the employer and the employee and stated in the employment contract:

• the IP in work created by an employee in the course of employment is owned by the employer

 

• the employee have to sign all documents as required by the employer to record the employer’s ownership of the IP in work created by the employee, including during and after the termination of the employment contract

 

• the employee will keep confidential of all of the employer’s confidential information, including the IP and trade secrets and know how, and will not misuse any of them

 

For legal advice or services on employment disputes and matters, please contact CHOW & CHEUNG [cac@ccsn.hk  / +852 2856 3799]

www.ccsn.hk