How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44932
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I work for a company where I have developed a strategy that

Customer Question

I work for a company where I have developed a strategy that is currently being implemented at a cost to schools who buy the training for it. I will be leaving the company in July and intend to use the strategy in my new role. Is it possible to license the 'product' so that my current company cannot make changes to the strategy without my permission?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

JACUSTOMER-0edp2f5k- :

Just under two years.

Ben Jones :

OK thank you, please leave it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Hi, sorry I did ask a follow up question but it does not appear to have registered earlier so I will post it again - does your contract state what happens with any intellectual property developed during your employment there, and also I assume you are an employee rather than self employed?

JACUSTOMER-0edp2f5k- :

Not as far as I'm aware.

JACUSTOMER-0edp2f5k- :

I am an employee.

Ben Jones :

Thank you. In the absence of anything specific in writing to assign the intellectual property rights that have been created in the course of your employment, it wpuld come down to law to determine their ownership.

The Patents Act 1977, the Copyright, Designs and Patents Act 1988, the Registered Designs Act 1949 and the Copyright and Rights in Databases Regulations 1997 give an employer automatic ownership of patents, copyright, database rights, unregistered designs and registered designs in works created by its employees in the course of their employment. So if you are an employee and you have created this strategy, which is likely to be protected by copyright, if it was created in the course of your employment then it is the employer that gains automatic rights over it and they will be able to benefit from it and also decide what happens to it. Even if you were instrumental in its creation, you would not be able to have any say insofar as changes to the strategy are concerned and the employer will have the final say. It is certainly possible to try and negotiate with them over this and agree on something that gives you such rights but if they refuse to agree to this, the law would not really help you much in forcing them to cooperate and give you the automatic right to decide how the strategy is dealt with in the future.

Ben Jones :

Hope this clarifies your position?

JACUSTOMER-0edp2f5k- :

So if my current employer has the rights to the strategy, does this mean they could prevent me from using it in my future employment?

Ben Jones :

Hi sorry I was offline by the time you had replied last night. Yes it does potentially mean that they can prevent you from using it in the future if they do not approve, you would need their permission to use it in the future

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    661
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions