What can I do if my employer has retained property I have created?
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Legislation in England and Wales usually favours employers where there is a doubt as to whether an employee or their employer owns IP rights for the employees work. There are multiple statutory provisions which automatically give an employer the ownership of patents, copyright, database rights, unregistered designs and registered designs for works created by their employees in certain circumstances. If you are a consultant however, the rights to the product of the consultancy work will belong to you as the consultant unless there is an express contractual agreement to the contrary.

The first place to check is always the document granting the patent or registering the design or domain name, as this will set out who the owner of the right is. An application to register a patent or design or trademark can be opposed or challenged where the employer or employee feels that the application has been incorrectly made or made in bad faith.

The team at Vardags can advise you on whether as an employer or as an employee you have ownership of the rights to the property created in the course of business. If you have an arguable case that property you have created is owned by you, we will advise you on the initial steps you can take to protect your rights over that property right up to trial strategy if required, and will develop a strategy with you to try and resolve the dispute as quickly and cost effectively as possible.



About Us
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Ayesha VardagFounder & President

"ROLLS ROYCE SERVICE FROM START TO FINISH"

Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us)

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