Question
A) Jane has developed some very successful software products for her employer, a building design company, but does not think she has been rewarded sufficiently.
A) Jane has developed some very successful software products for her employer, a building design company, but does not think she has been rewarded sufficiently. She has decided to set up her own company to develop similar bespoke computer software to deal with building design. To assist her, Jane wishes to employ an old friend Peter, and also to engage a software consultant (who is based in Switzerland and who will work remotely) on a freelance basis. What IP ownership issues should Jane be aware of and what contractual provisions should Jane include in: (i) Peter's contract of employment; (ii) the consultant's contract; and (iii) the software development contracts with her company's customers.
(B) Is it true to say that the most effective way to deal with a contractual dispute where the contract focus is on intellectual property rights is by arbitration rather than litigation?
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