In various audits, we have noted the lack of clauses regulating intellectual property issues. As in any human relationship, in labor relations works, inventions, new developments, and information can be created that generate competitive advantages for the employer. All of this can be subject to protection in terms of intellectual property.
Ideas themselves are not covered by this protection, however, these ideas may end up in a new brand, a new slogan, relevant information, a new product, or even an artistic or literary work.
On the other hand, inventions and intellectual creations could be subject to ownership. The question is: what happens if we do not have any agreement in our employment contract that regulates intellectual property? Well, the answer is not general or conclusive, as always, it is necessary to examine each case, but just to convince the reader about the importance of intellectual property, we can say that the Federal Copyright Law in Mexico establishes as a general rule that if there is no specific agreement, the copyright on a work developed by the employee will be 50% property of the latter.
If you, dear reader, are an employee, please review your contract and you may be the owner of 50% property rights over something important. If you, dear reader, are an employer, please consider whether you want to share 50% of the copyright with your employee. If not, you could have a problem due to the lack of prior agreement. In any case, please: REVIEW YOUR CONTRACTS.
By Carlos Navarro