As a general principle, an employer owns the IP created by its employees in the course of their employment.
It is prudent however to address this matter of ownership in an employment contract, as well as other customary IP related provisions:
- that the IP in work created by an employee in the course of employment is owned by the employer
- that the employee will sign all documents that the employer requires to record the employer’s ownership of the IP in work created by the employee, including after the employment relationship has ended
- that the employee will keep in confidence all the employer’s confidential information, including the IP, as well as trade secrets and know how, and will not misuse that confidential information, including the IP, trade secrets and know how.