Legal Question in Intellectual Property in India

Re: Protection/Misuse of Intellectual Property

The IPR's in any product conceived and developed during the course of employment, belongs to the employer, unless there is a contract to the contrary.We have to first understand whether, it was Contract of service OR contract for service.

Re: Protection/Misuse of Intellectual Property

Sir,

Under intellectual property law, when have you have developed any work under the contract of employment for valuable consideration, then your employer is the first owner of the work, and it is absolutely said to he his own property,unless you have any condition contrary in the contract that says that work developed by you would be of your ownership, for which terms of employment have to gone through.

On the other hand you might have avail remedy to claim for adequate remenuration on the ground of equity and EQUAL PAY FOR EQUAL WORK, depending upon the other circumstance and material, which have to be minutely gone through.

Accurate legal advice and course of action could be given only after scrutinizing all available materials.

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Re: Protection/Misuse of Intellectual Property

The copyright in the software normally belongs to the author. However if such software is written/designed in the course of employment then the copyright belongs to the employer and not the employee.

Therefore if you had been in the employment of the educational institution then you cannot claim copyright over the software (unless there is an agreement to the contrary).