{"id":1045,"date":"2021-07-28T10:40:37","date_gmt":"2021-07-28T09:40:37","guid":{"rendered":"https:\/\/www.mathys-squire.com\/scaleup-quarter\/?p=1045"},"modified":"2023-06-28T12:53:35","modified_gmt":"2023-06-28T11:53:35","slug":"third-party-commissioned-work-do-you-know-your-ip-ownership-rights","status":"publish","type":"post","link":"https:\/\/www.mathys-squire.com\/scaleup-quarter\/third-party-commissioned-work-do-you-know-your-ip-ownership-rights\/","title":{"rendered":"Third party commissioned work: Do you know your IP ownership rights?"},"content":{"rendered":"\n
<\/div>
\n
\n

Third party commissioned work: Do you know your IP ownership rights?<\/h1>\n\n\n\n

<\/p>\n<\/div><\/div>\n<\/div><\/div>

28 July
2021<\/div><\/div>\n\n\n\n
<\/div>\n\n\n \n
\n
\n \n
\n

2 mins<\/p>\n <\/div>\n <\/div>\n<\/div>\n\n\n

Are you aware of the default position regarding ownership of IP rights, and in particular, ones that are created by commissioned third parties?<\/em><\/strong><\/p>\n\n\n\n

Intellectual property (IP) ownership may seem straightforward; however, many businesses are unaware of the default position regarding ownership of IP rights and third parties.<\/p>\n\n\n\n

In the UK, any IP created by an employee as part of, or arising from, their normal working duties is by default owned by the employer<\/strong>.<\/p>\n\n\n\n

However, what many don\u2019t realise is that when work is commissioned to be done by a third party, if no agreement is in place to the contrary, any IP produced as a result is owned by the third party<\/strong>. This includes designs, logos, text, slogans, and any other IP resulting from a contracted third party.<\/p>\n\n\n\n

It is therefore essential<\/em> that when commissioning any work from a third party you have a signed agreement in place which recites that all resulting IP will be owned by you<\/strong>, not the third party.<\/p>\n\n\n\n

If you believe there may be historical commissioned work to which you do not own the rights, you may wish to negotiate a transfer of rights agreement between you and the third party to rectify this.<\/p>\n\n\n\n

Confirming ownership of IP may be particularly important if you are looking to raise investment as this could be flagged during IP due diligence and unnerve investors.<\/p>\n\n\n\n

<\/div>\n\n\n\n

The above is not intended to provide legal advice.  If you wish to seek legal advice on any of these issues, please<\/em> get in touch with a member of our team<\/a>.<\/em><\/p>\n\n\n\n

<\/div>\n\n\n\n
<\/div>\n\n\n \n