Morning Tea with the IP Society
"Where an Industrial design is created in the course of employment or in the execution of a contract for the performance of specified work, the ownership of the design shall be vested in the employer or, as the case maybe in the person who commissioned the work: Provided that, where the creator is an employee, then, if his contract of employment does not require him to exercise any creative activity but he has in creating the design used data or means that his employment has put at his disposal - (a) he shall be entitled to fair remuneration taking into account his salary and the importance of the design which he has created; and (b) the entitlement in question is not modifiable by contract and may be enforced by civil proceedings." *Section 14(4), Patents and Designs Act, Cap P2 LFN, 2004