intellectual property

Question 1

when IP are created by employees who is the owner when talking of copyrights?

Answer 1

owner is the employer if the work was made in cours of employment

Question 2

when IP are created by employees who is the owner when talking of patents?

Answer 2

owner is the employee, unless the employee was hired to invent or innovate

Question 3

when IP are created by independent contractors, who is the owner?

Answer 3

for both patents and copyrights, the contractor retain ownership of intellectual property rights

Question 4

what is a contractual clause?

Answer 4

at the start of the employment relationship, both parties must specify what fall under « work » or «invention », specify who owns the IP, need to specify if the author waives his moral rights

Question 5

how do employers and employees define « confidential information »?

Answer 5

with the obligation of non-disclosure and non-use

Question 6

what is the duty of loyalty and confidentiality?

Answer 6

employee is bound to act faithfully, honestly and not use confidential information

Question 7

what are remedies in case of infringements?

Answer 7

injunction, damages, accounting of profits, punitives damages, seizure and destruction of property