Question
Intellectual Property Law, Case Study Analysis You, on behalf of your company Management Training Ltd. (MTI), are in charge of negotiations with another company Waste
Intellectual Property Law, Case Study Analysis You, on behalf of your company Management Training Ltd. (MTI), are in charge of negotiations with another company Waste Reclamation Inc. (WRI) to create online professional development opportunities for WRI's management that focus on corporate governance and the inclusion of ESG factors in their decision-making. The content of the PD opportunities will be based on WRI policies and procedures and WRI employees will assist in the development of the work. It is unlikely that the work you produce will trigger any proprietary rights, but it may and you are concerned how such interests may be dealt with should they arise in the performance of the services. WRI provides you with the standard form employment contract that WRI has with its employees and find the following clause,
- Any Work which is created by the Employee in the context of their employment shall vest with the Employee including all moral rights and all intellectual property rights whether available at common law, equity or statute including, rights to any copyright and copyright applications (the "Intellectual Property Rights").
You know that MTI employees will be working on the project jointly with WRI employees and the MTI standard employment agreement with its employees does not contain any express clauses or sections dealing with intellectual property. You also know that there is legislation in the jurisdiction in which your company's head office is located contains the following provision,
- Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.
What issues arise in the context of work jointly created by MTI and WRI employees and how would you proceed?
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