Which employees should have these terms in their employment contracts?

While some categories of employees are more likely than others to create intellectual property in the course of employment, some employers require all their employees to enter into written employment contracts covering the 6 essential terms.

When deciding to include intellectual property terms in employment contracts consider:

• the nature of your business
• the positions that your employees have
• information your employees can access
  
• whether your employees could set up a competing business
• all other factors that may affect your own circumstances.

You will need to decide whether:

• all employees must sign agreements covering all 6 terms
• all employees must sign a document to maintain confidential information in confidence, not extending to intellectual property issues
• a restraint clause is necessary or not.

A solicitor will be able to advise you, as well as prepare an employment agreement covering the terms that you need.