Intellectual Property

Note to Employers

Intellectual property refers to creations of the mind for which exclusive rights are recognised, they can include; ideas, inventions, designs etc. the UK is a knowledge based economy, as such, intellectual property rights are likely to play a role many organisations.

The importance and role of an Intellectual Property (IP) Policy will vary depending on the role. In complex cases, where there is high risk involved, it is advised that specific legal advice is sought before implementing an IP Clause.

Intellectual Property Policy

It shall be part of your normal duties to consider in what manner and by what new methods or devices the products, services, processes, equipment or systems of The Company might be improved. 

It is presumed that any intellectual property created by you while in employment will be disclosed to The Company, shall belong to The Company and you shall take whatever steps are necessary to vest the rights in The Company. 

Intellectual Property means all interest and title in and rights to improvements, inventions, processes, systems, designs, production practices, software codes, patents, copyrights, trademarks, design rights, technical information and know-how devised, written, made, suggested or found by you at any time during your employment (whether or not during office hour) affecting or relating in any way to the business from time to time of The Company or capable of being used therein or otherwise relating to any work done by you for The Company.

You hereby fully and irrevocably assign to The Company all present and future copyrights, design rights, rights in any registered design and other proprietary rights for the full term thereof throughout the world in respect of all works written, drawn or otherwise recorded, originated, conceived or made by you during the term of your employment with The Company. This assignment shall not apply to works written, originated, conceived or made by you wholly outside your normal working hours hereunder and wholly unconnected with your service with The Company. To the extent that the law in any country does not permit or restricts the scope or enforceability of any such assignment, then this assignment shall operate to give The Company all such exclusive rights in such copyrights, design rights and other proprietary rights as are permissible under such law. You agree to waive any right you might otherwise have had in connection with, or in relation to, such work.

If you invent something that does not belong to The Company under the Patents Act 1977 as amended (“The Act”), you shall, licence or assign your rights in relation to that invention to The Company (as required by The Company). You shall execute and deliver all documents and other material relating to the invention as may be required by The Company. The Company may at its complete discretion and subject to section 40 of the Act, pay compensation to you for the assignment or licence. 

You hereby irrevocably and unconditionally waive in favour of The Company and its successors in title, all moral rights under the Copyrights, Designs and Patents Act 1988.

It is now agreed that the provisions of this clause shall remain enforceable notwithstanding the termination of your employment for whatever reason. 

You irrevocably waive in favour of The Company and its successors in title and assign all rights, which you may at any time waive in any of the works referred to above.