ABSTRACT
Remote working raises new legal issues that were not previously considered in-depth or on such a global scale after the pandemic. This shift in the place, time, and manner, in which work is carried out poses certain threats to the determination of intellectual property (IP) rights between an employer and an employee. Several employment contracts and agreements do not contain adequate clauses on IP rights and those that do, do not cover the issues that have arisen as a result of remote working. This article encapsulates the key yardsticks for accessing whether an employee or an employer should own the intellectual property in a work created outside the course of employment while testing those yardsticks against the trending realities of remote working. Profferment is made on practical solutions to the problem while the need for a review is stressed.
Okonkwo, Ifeanyi E and Adeniran, Ebunoluwa, Who Owns Intellectual Property Created by Employees during Remote Work? Revisiting ‘Course of Employment’ (December 20, 2021).
First posted 2022-01-05 19:00:26
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