Introduction
An IT company must take steps to prevent employees from illegally using its intellectual property, which includes inventions, discoveries, works of authorship, designs, improvements, trade secrets, know-how, ideas, and other IP work.
First, define asset ownership clearly. Include clauses in labour contracts that establish criminal and civil liability for infringement. Employees should assign and disclose all intellectual property work related to the company’s business created during their employment. Additionally, the company must consider certain exceptions when addressing employees’ preexisting intellectual property works.
For more information, Elkobtan provides steps to help protect your company’s IP Works from employee violations.
Ownership of IP Work:
Any intellectual property created by the Employee during their employment and using Company resources will exclusively belong to the Company. This applies under Egyptian Labor Law, Copyright Law No. 82 of 2002 (as amended), or any other relevant intellectual property law in Egypt.
Assignment:
The Employee hereby irrevocably assigns to the Company (or its nominee), without additional consideration, all rights, title and interest in and to any such IP Work, including all copyrights, patents, design rights, trade secrets, and other intellectual property rights. If required by law, the Employee agrees to sign any further documents necessary to give full effect to such assignment, both during and after termination of employment.
Disclosure:
The Employee must promptly disclose to the Company all IP Work created during employment that is related to the Company’s business, products, services, research, or anticipated future activities.
Moral Rights: The Employee waives all moral rights to the IP Work or agrees not to enforce them against the Company or its licensees, where allowed by law. As Egyptian IP law prevents an author from waiving moral rights, the Employee grants the Company an irrevocable, transferable, royalty-free license to use, adapt, and exploit the IP Work.
Pre-Existing IP Works and Exclusions:
The rights in this clause do not apply to intellectual property that (a) was developed by the Employee prior to commencement of employment and disclosed in writing to the Company before signing this Agreement, or (b) the Employee creates entirely outside the scope of employment, without using the Company’s confidential information, resources, or time.
Obligation to Assist:
The Employee must, during and after employment, take all actions and sign all documents reasonably required by the Company to secure, maintain, or enforce its intellectual property rights in any IP Work, including but not limited to patent or copyright registration, at the Company’s expense.
Return of Materials: Upon termination, the Employee must promptly return all Company documents, data, storage media, and property, including any IP Work or confidential information.
Compliance with Egyptian Laws:
This clause is subject to the mandatory provisions of Egyptian Labor Law and Egyptian Intellectual Property Law. Nothing in this clause restricts the Employee’s rights in accordance with the Egyptian Copyright Law (Law No. 82 of 2002, as amended), or supersedes any non-assignable statutory employee rights under Egyptian law.
Survival:
The obligations under this clause survive termination of employment, regardless of cause.
Copyrighted by
Elkobtan Team
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