11 October 2023
What is the impact of intellectual property clauses in employment contracts, to both an Employer and an Employee?
With today’s technology and content creation becoming second to none, intellectual property (IP) has become an invaluable asset for companies across multiple industries. As a result, Employers are increasingly incorporating intellectual property clauses into their contracts to protect their creations and innovations. However, understanding these clauses is crucial for both Employers and Employees to ensure a fair and equitable agreement.
Intellectual property refers to the legal rights that individuals or entities have over their creations of the mind. This can include inventions, trademarks, copyrights, and trade secrets. In a business context, it often relates to the innovations and creations developed by Employees during their tenure.
These clauses serve several vital purposes:
These clauses establish who owns the intellectual property created during the course of employment. Without clarity, disputes over ownership can arise.
Employers want to safeguard their IP from potential misuse or misappropriation by Employees. Clauses ensure that IP remains under the company’s control.
Clauses often encourage Employees to contribute their creativity and ideas without concerns about personal ownership, fostering innovation within the organisation.
Employment contracts may contain various types of intellectual property clauses, each with distinct implications:
These clauses state that any IP created by the Employee during their employment belongs to the Employer. This includes work directly related to their job and sometimes extends to work that’s even remotely related or created using company resources.
Specifically applicable to inventions, these clauses require Employees to disclose and assign any inventions they create while employed. This can be broad or narrow, depending on the organisation’s needs.
Sometimes, employment contracts include non-compete clauses that restrict Employees from working for competitors or starting competing businesses for a specified period after leaving their current job. These can have a significant impact on an employee’s future career opportunities and need to be tailored appropriately to ensure that they can be enacted.
While not directly related to ownership, non-disclosure clauses prevent Employees from sharing confidential company information or trade secrets with outside parties.
As an Employee, it’s crucial to carefully review any intellectual property clause before signing an employment contract. Here are some key considerations:
Understand the scope of the clause. Does it cover all creations or only those directly related to your job? A broad scope may impact your ability to pursue personal projects.
Some contracts provide exceptions for personal projects or inventions created outside of work hours and without company resources. Ensure these are clearly defined.
If you’re uncomfortable with certain terms, consider negotiating with your employer to reach a more equitable agreement.
Employers should approach the inclusion of intellectual property clauses thoughtfully and keep the following in mind:
Ensure that the language in the clause is clear and unambiguous to avoid potential disputes in the future.
Be fair in the scope and reach of the clause. Overly broad clauses may discourage potential talent from joining your organisation.
Communicate the importance of the clause to Employees and provide clarity on what it entails.
In conclusion, intellectual property clauses in employment contracts are essential tools for protecting a company’s innovations and creations. However, both Employers and Employees must approach these clauses with care, understanding, and fairness.
Clear communication and negotiation can help ensure that these clauses benefit all parties involved and foster a collaborative and innovative work environment. When properly drafted and understood, intellectual property clauses can be a win-win for Employers and Employees alike, promoting innovation and safeguarding valuable assets.
Need help with IP clauses in employment contracts? Our team of HR advisors are ready to assist. Contact us now for expert HR help.
