How does the removal of a trade mark for non-use work?
- 25.08.2026
I developed a piece of software and some marketing materials while working for a company, partly on my own time at home. Since leaving, I want to reuse some of it, but my former employer says it belongs to them. Who is right?
Under the Copyright Act 1994, where a work is made by an employee in the course of their employment, the employer is generally the first owner of the copyright, unless there is an agreement to the contrary. The question is whether the work was created in the course of your employment, which depends on your duties and the nature of the work, not only where or when you did it. Work done on your own time that is unconnected with your job may belong to you, but work using company resources, or that relates to what you were hired to do, is likely to belong to the employer. Check your employment agreement for intellectual property clauses, which often extend the employer's rights. Get advice before reusing any code or materials, since you could face an infringement claim.
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