Intellectual Property Ownership: Employer Or Employee

In Canada, there are a few basic intellectual property ownership rules which must be considered in determining whether the employer or the employee has certain rights to the subject matter in question. Intellectual property covers a broad range of subject matter and corresponding rights, but the main categories relevant to most employers in Canada are patents, copyright and trade-marks.

The most common disputes between employees and employers involve inventions (and related patents) and works which are the subject matter of copyright, primarily because the employment relationship is unclear whether the employee is responsible to develop or create such inventions or works as part of their formal job description.