Do I automatically own the software my employee developed during office hours?
Not necessarily. In Hong Kong, unless there is an agreement stating otherwise, the employee generally retains the copyright in works they create, even during work hours. However, employers can acquire rights through a proper contract.
Ownership of Employee-Created Software in Hong Kong
Under Hong Kong law, copyright in a work created by an employee during employment typically belongs to the employee unless there is an agreement transferring those rights to the employer. This means:
- The default position is that employees hold copyright in their creations.
- Employers usually do not automatically own the software unless specified in the employment contract or a separate agreement.
Software IP ownership HK: How Can Employers Secure Ownership?
To ensure ownership of software developed by employees, consider the following:
- Draft a clear employment contract that includes an intellectual property (IP) clause stating that any work produced during employment, particularly during working hours, belongs to the employer.
- Include specific provisions on assignment of rights for software or inventions.
- Use a work for hire clause where applicable, although this concept is limited under Hong Kong law.
Why Is Clarifying Ownership Important?
Understanding who owns the software affects:
- Your rights to modify, distribute, or commercialise the tool.
- The ability to protect your intellectual property against third-party infringement, because you may not be the right person to lodge a legal claim if you are not the copyright holder.
- The enforceability of licensing or transfer agreements.
Final Advice
Always specify ownership rights in employment agreements to prevent disputes. Clear contractual provisions ensure your company retains control over any software or inventions developed during employment hours.
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