Securing intellectual property rights from employees and contractors
Produced in partnership with Nichola Jenkins of Shoosmiths
Securing intellectual property rights from employees and contractors

The following IP practice note Produced in partnership with Nichola Jenkins of Shoosmiths provides comprehensive and up to date legal information covering:

  • Securing intellectual property rights from employees and contractors
  • Employees, including directors
  • Common IP provisions in employment contracts and directors’ service contracts
  • Definition of IP rights, works and inventions
  • Capture of IP rights—junior or non-technical/creative employees
  • Capture of IP rights—senior or technical employees
  • Vesting of IP rights
  • Waiver of moral rights
  • Duty to disclose
  • Duty to assist
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: What does IP completion day mean for intellectual property?

Valuable IP rights will be created on a day-to-day basis for businesses by their employees, consultants and contractors as part of their assigned roles. For example:

  1. employees and consultants engaged in research and development may create inventions, which can then be patented

  2. employees and consultants may also create new formulae, recipes or algorithms, or design novel methods or processes to make operations more efficient. Provided these are kept confidential, important rights can exist in the form of know-how

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