by Emily  05/01/2020  0 Page Views
0 Comments  Commercial law, litigation, contracts, IP, property law

Hi,

I'm engaging in my first role as a psychologist in a private practice. I've reviewed the contract and one issues stands out regarding Intellectual Property. I want to make sure I'm interpreting corectly. It states (xxx being the company): 

You agree that:
(a) All rights, titles and interests in and to any invention, method, process, product, copyright, design, trademark or commercial identifier which you create, develop or are involved in creating or developing in the course of your association with xxx will vest in and belong absolutely to xxx;
(b) You will immediately communicate to the Company all inventions, methods, processes, products, copyright, designs, trademarks or commercial identifiers which you create, develop or are involved in creating or developing in the course of your association with xxx;
(c) Except as is necessary to comply with any of xxx requirements under this contract, you will not during your association with xxx or after its cessation apply for any letters patent, registered design, copyright, registered trademark or other form of protection in Australia or elsewhere for any invention, method, process, product, copyright, design, trademark or commercial identifier which you create, develop or are involved in creating or developing in the course of your association with xxx;
(d) You will assign to xxx any rights, titles and interest you may have to any grant of letters patents, registered design, copyright, registered trademark or any other form of protection in Australia or elsewhere in respect to any invention, method, process, product, copyright, design, trademark or commercial identifier which you create, develop or are involved in creating or developing in the course of your association with xxx.

Does this mean that if I patent an amazing new apple core peeler, that xxx will claim rights to this? Am I corect in assuming this is extremely restrictive for someone working as a contractor for 15 hours a week. Does "in association with" refer to any of these items developed outside the workplace? I appreciate programs developed internally would be their property.

I'll raise this, however any advice would be appreciated in case I am misinterpreting any points/statements.

Cheers