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IP created by contractors

Managing IP

IP created by contractors


Contractors that you engage may be engineers, designers, software developers, etc.

Contractors not being employees, there is no rule that you will own the IP in work that they create for you. Contractors that you engage will therefore own the IP in work that they create.

It is critical therefore that the written agreement by which a contractor is engaged makes specific provision about the ownership of IP in work created by the contractor:

  1. that the IP in work created by the contractor is owned by you
  1. that the contractor will sign all documents that you require to record your ownership of the IP in work created by the contractor
  1. that the contractor will procure that its employees similarly sign any documents that you require to record your ownership of the IP
  1. that the contractor will keep in confidence all your confidential information and IP, and will not misuse that confidential information and IP
  1. that the contractor will procure that its employees will keep in confidence all your confidential information and IP, and will not misuse that confidential information and IP.