By OSCAR ONYANGO
Companies often hire and invest in employees to develop new products, improve processes, create new technologies and develop new markets. With this investment, it should come as no surprise that employers generally own the intellectual property (IP) created by its employees. In fact, it is a statutory presumption in most countries that the employer owns the intellectual property that an employee creates.
However, an employer would be careless to assume that all rights of the employee over such creations are extinguished.
The employee could claim rights of an author, moral rights and rights to object to alterations to work. Hence, it becomes critical to include terms determining the ownership of intellectual property in employment contracts, independent contractor agreements or agreements with a consultant or designer.
Without a clear understanding, these issues could present challenges for employees and employers alike.
In Kenya, IP is protected under Article 40 (5) of the Constitution that obliges the State to support, promote and protect the intellectual property rights…Read more>>
