This practice note explains when South African employers own intellectual property created by employees, covering patents, copyright, databases, confidential information, and trade secrets. It highlights key exceptions and the contractual safeguards businesses should use to secure ownership and reduce disputes.
This note highlights why employment contracts often fail to secure ownership of employee created intellectual property, focusing on drafting errors that weaken employer claims. It explains common pitfalls—such as vague clauses, overreach, and missing safeguards—and offers practical guidance for stronger, enforceable IP provisions.
This practice note explains the critical distinction between works “created during employment” and those “created in the course of employment.” It highlights how the choice of wording affects intellectual property ownership, employee rights, and the enforceability of contractual clauses.