Intellectual Property (IP) can be a valuable asset – even
the most valuable asset – of a business. So it's worth
making sure the
business both understands Intellectual Property rights –
and owns its IP. Here's a rundown of who owns what IP and three
best practices to help businesses maximize the likelihood they own
it.
WHO OWNS WHAT
The initial owner of IP can be uncertain, especially as between
an employer and its employee, but it's important to figure that
out. In the absence of a contract, here's who owns each of the
five main types of IP.
Trade-mark. Ownership of a common-law
trade-mark is based on the mark's use; normally, the
employer/business owner is the one that's using the mark, and
can thus establish ownership. But this will depend on the evidence
of use. "Ownership" of a registered trade-mark is the
registrant.
