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ARTICLE · 15 SEPTEMBER 2024

Does my employer own my intellectual property?

Employer to clearly outline intellectual property ownership in employment contracts to avoid disputes.

AustraliaIntellectual Property

In Short

  • Your employer typically owns the intellectual property (IP) you create during your employment, particularly if it's part of your job.
  • Employment contracts often include IP ownership clauses, so it's crucial to understand your agreement.
  • Negotiating IP rights upfront can help protect your personal creations.

Tips for Businesses

When hiring employees, clearly outline intellectual property ownership in employment contracts to avoid disputes. Ensure employees understand what IP they own versus what belongs to the business. If you're unsure about IP rights, seek legal advice to safeguard your business and employee relationships.

If you are an innovator or a creator, it is crucial to understand your intellectual property rights. Whether you own your intellectual property (IP) can be particularly confusing if you are an employee. Generally, the intellectual property you create in the 'course of employment' will belong to your employer.

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