IBA Annual Conference Sydney 2017

8 Oct - 13 Oct 2017

Room C3.6, Convention Centre, Level 3

Session information

IP and employees: how to enhance creativity and ensure protection

Thursday 12 October (0930 - 1230)

Room C3.6, Convention Centre, Level 3


Intellectual Property and Entertainment Law Committee (Lead)
Closely Held Companies Committee
Employment and Industrial Relations Law Committee


Part 1: Effective intellectual property agreements in employment Intellectual Property (IP) agreements do not cure everything but they certainly make a difference. Proper documentation requires in-depth understanding of the dynamics and interplay between IP and labour laws to prepare and tailor-make agreements ensuring the sufficient level and relevant scope of protection of trade secrets and IP rights in businesses on the one hand, and on the other hand support and incentivise employees to stay fully motivated and innovative. In this first part of the programme, the panel will introduce the legal framework, the typical dilemmas arising and how to possibly create a permitted room for certain employees to stay creative and work on an assignment in their spare time as well. Specific attention will be devoted to the industries of life science and advertising. IP protection in the context of transactions/due diligence also will be addressed. Part 2: Beware of the potential risks when your (client's) employees walk out the door Having insufficient protection of trade secrets and IP rights can be detrimental to any business and massive value may be lost in a very short time. Carefully drafted agreements may, however, not be sufficient and enforcement may be troublesome, if not impossible in certain regions. Navigating in a global environment with employees working and living across borders is challenging as the differences in various legal systems are substantial. Grounds for establishing a breach and enforcing breaches of restrictive covenants or other abuse of trade secrets/IP rights will differ, and best practices for undertaking relevant analysis and possible investigations are discussed by the panel. Can universal protection be achieved or what are the good tips and ideas that come close?

Session / Workshop Chair(s)

Jeffrey Costellia Nixon Peabody, Washington, District of Columbia, USA; Vice Chair, Patent Law Subcommittee
Marianne Granhøj Kromann Reumert, Copenhagen, Denmark; Senior Vice Chair, Employment and Industrial Relations Law Committee
Olivier Kress Flichy Grange Avocats, Paris, France; Website Officer, Employment and Industrial Relations Law Committee


Irina Anyukhina ALRUD Law Firm, Moscow, Russian Federation
Kathryn Mary Beck null, Auckland, New Zealand; President / Chairperson, Member Organisations
Timothy Creek Davies Collison Cave Law, Melbourne, Victoria, Australia
Dayan Goodsir-Cullen McCabes, Sydney, New South Wales, Australia
Katharine McLennan Cochlear, Sydney, New South Wales, Australia
Anthony Niardone Arthur J. Gallagher (Australia & New Zealand), Sydney, New South Wales, Australia
Meriel Rule Dulux Group Limited, Melbourne, Victoria, Australia
Alexander Vandenbergen Lydian Lawyers, Brussels, Belgium