This article posted on our partner site stresses the importance of determining ownership of Intellectual Property (IP) within a contract when dealing with independent contractors. Contractors, like employees, will retain ownership of a patentable invention or authored work except in the narrow circumstance that the creation of that IP was within the scope of their engagement with the business. Thus, it is paramount to ensure that a contractor who has contributed to the creation of IP in the course of their engagement with a business, insofar as the IP is relevant to the business’s interests, has expressly assigned their rights in that IP to the business and has waived any rights which cannot be assigned.

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