Intellectual property

All Topics

• What is intellectual property?

  IP rights will exist, whether or not the creations or artistic works are capable of registration.
  Jun 01, 2016

• Who owns intellectual property created in the course of employment?

  You will generally own the IP rights for material your employees create in the course of their employment.
  Jun 01, 2016

• Copyright law

  Where your employee creates a literary, dramatic, musical or artistic work under the terms of your employment contract with them, you will own the copyright of that work.
  Jun 01, 2016

• How is creative work defined in the Copyright Act?

  The Copyright Act defines certain creative terms.
  Jun 01, 2016

• Moral rights in relation to creative work

  Authors of creative works protected by copyright also have moral rights over those works.
  Jun 01, 2016

• Who owns inventions and designs created by your contractors and employees?

  The employer owns inventions and designs created by employees in the course of employment.
  Jun 01, 2016

• When can you claim ownership of an employee’s or contractor’s invention?

  If you employ or contract someone to make inventions that will ultimately be produced by your business, you can claim ownership of the employee’s or contractor’s invention.
  Jun 01, 2016

• Confidential and commercially sensitive information

  Some information may be valuable to your business, even though it does not give rise to any IP rights.
  Jun 01, 2016

• Restraint of trade clauses to protect confidential information

  A post-employment restraint may be justified to prevent a person who has acquired information in confidence from their employer from using that information to give themselves or their new employer an unfair head start competing in the market.
  Jun 01, 2016