ISSUE OF OWNERSHIP AND AUTHORSHIP OF AN INTELLECTUAL PROPERTY WORK IN THE COURSE OF EMPLOYMENT

Author(s): RITA ANWIRI CHINDAH | Volume 18 (2)April, 2023


Abstract


Employment is described as a master-servant relationship or labour that one has been engaged to do for which one is being compensated by an employer by Black’s Law Dictionary. The employee is expected to behave in the company’s best interest, but when stipulating the contract’s conditions, one of the most frequently overlooked topics is who is the rightful owner of any intellectual property that is produced while the person is employed. This article aims to clarify the legal snags workers may encounter when attempting to assert intellectual property rights developed during employment from the perspectives of patents, design rights, and trade secrets/confidential information, employee rights, human rights, consumer rights, data rights, technology as well as the available legal recourse in Nigeria in the event of a dispute and the option to commercially exploit this human ingenuity through licencing agreements and or the transfer and assignment of the set of exclusive rights granted upon registration where necessary.

Keywords: Intellectual Property Employment Copyright IPClause Assignment Licensing