Global employers top ten steps to protect IP rights

All businesses must ensure the effective protection of their IP rights. This can be particularly challenging for global employers where the underlying local laws differ across jurisdictions. Set out below are the top ten steps that global employers can take in the employment context to protect their IP rights on an international level.

1. Specifically address in employment contracts.
2. Tailor by reference to the nature of the employee’s role and the IP that will be generated in that role.
3. More senior employees and those working in research and development and roles involving the production of written materials would be expected to have more comprehensive provisions.
4. Assess the different levels of employee for these purposes.
5. Have template language to be inserted into the contract, as appropriate, at the time of hiring.
6. Ensure that, along with other business protection provisions such as restrictive covenants, these provisions are reviewed, updated and enhanced as necessary on a regular basis and at the point of any role change or promotion.
7. Consider contractual arrangements with agency workers, consultants and other contract workers, who do not have an employment relationship and are, therefore, not subject to the same degree of control.
8. Make sure that the different templates are consistent and, as far as possible, kept to a minimum to ensure that they can be easily understood and deployed by the HR function.
9. Remember that IP protection concerning employees should not end with contracts. There should be appropriate training regarding the policies and procedures in place to protect the employer’s IP, including the prevention of the disclosure of confidential information.‎ In some jurisdictions, the expectation of many employees might be that, unless the contract provides otherwise, IP generated by an employee in the course of their work, is the property of the employee. Our experience is that employees within global businesses often misunderstand their rights and duties regarding their work product and so it is important to make the position clear in this regard.
10. Deal with breaches properly - not least as an example to others.