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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 5844
Experience:  English solicitor with over 12 years experience
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I have a brief question regarding IP rights in the UK.

Customer Question

Hi. I have a brief question regarding IP rights in the UK.
JA: Where are you? It matters because laws vary by location.
Customer: London UK
JA: What steps have you taken so far?
Customer: Nothing it is a small matter that I simply would like clarification on.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No really
Submitted: 10 days ago.
Category: Law
Expert:  UKSolicitorJA replied 10 days ago.

What is your question please?

Customer: replied 10 days ago.
I am a software engineer moving jobs. Before I joined my previous employer I developed a small peace of software privately. I used this software with permission of my employer at the firm I am leaving. My contract says...
Customer: replied 10 days ago.
34;The Company shall own or control all IP in any materials used or created by it or you during your employment"
Customer: replied 10 days ago.
I did not notice the "used" part in the statement
Customer: replied 10 days ago.
Given that I used the software at work, does it mean that I lost my IP rights for the software to my employer?
Customer: replied 10 days ago.
As I said, the software I am referring to was created by me privately BEFORE I joined the firm.
Customer: replied 10 days ago.
What is your opinion on that?
Expert:  UKSolicitorJA replied 10 days ago.

Yes, I understand.

The word "used" is the problem and is potentially an unfair contract term e.g. if you used third party IP during your employment, that does not mean that the Company would own it.

You may argue the same i.e. the mere fact that you used your IP during your employment does not mean that the Company acquired ownership of it. Under the law of commissioning, any IP created by you in the course of employment would be owned by the employer. In your case, you created the IP prior to your employment with the Company.

I am of the opinion that you have a good case to retain ownership of your IP.

I hope this helps. Please click on 5 stars if so.