Intellectual property policy
Purpose
The purpose of this policy is to maintain the company’s reputation as a fair competitor, ensure the integrity of the competitive marketplace in intellectual property, and comply with the laws regulating intellectual property and industrial espionage.
The policy aims to:
- establish a structure for the ownership, reporting, identification, management, and commercialisation of intellectual property.
- encourage originality and innovation for the development of intellectual property (IP) by employees and management.
- appropriately acknowledge and protect the interests of the company in the development of IP while recognising the investment, input and rights of the business.
- be consistent with the company’s responsibilities, applicable legislative requirements, and legal principles.
Scope
This Policy applies to all employees, independent contractors, subcontractors, apprentices, employees, officers, and directors of PEER Construction.
Intellectual property
PEER Construction is committed to protecting its intellectual property.
Intellectual property includes confidential business information, trade secret technology (such as computer software, systems and knowledge), trademarks and service marks, trade dress, and copyrighted works. All employees must protect the company’s intellectual property. Managers and supervisors must maintain awareness of the importance of protecting intellectual property.
PEER Construction is also committed to respecting the intellectual property of others. The rules with respect to intellectual property, including misappropriation of business information and trade secrets are complex. Seek advice from the manager to address specific issues with respect to our business.
While collecting data on our competitors, you must use legal, ethical resources to prevent the improper use of any third party proprietary information. You and PEER Construction may be liable for substantial civil and criminal penalties for misappropriation of trade secrets that could be avoided by complying with policies.
It is not improper to accumulate information concerning competitors, and it is not unethical or illegal to make use of the information as part of the business. A business can use information it has developed regarding its competitors to analyse the marketplace and make informed business decisions. Employees, independent contractors, apprentices must take care to use only legitimate resources to collect information about competitors and to avoid those actions which are illegal, unethical, or which could cause embarrassment to the business. When a situation is unclear, employees, should consult with management.
All employees, independent contractors, and apprentices who have confidential information from a former employer may be bound by a nondisclosure obligation to the former employer.
PEER Construction expects employees, independent contractors, and apprentices to fulfil this obligation.
All employees should not give their fellow employees confidential information belonging to any former employer. PEER Construction expects its employees, independent contractors, and apprentices to use all information, which is generally known and used and all information, which is generally known in the industry.
Requirements
The following are requirements of the policy.
Employee created IP
IP created by employees during their employment is the property of the business. Any and all contacts and materials, in any form, that is developed by the employee during their employment at PEER Construction is owned by the business.
IP created in the course of employment may be a piece of software, an article, a script, an architect’s plans or drawings, a new logo, a new product or process, a product’s packaging, a new product design, a business plan, client database or an invention. The company owns the IP created by an employee if it is related to the employer’s business, unless the employment contract states otherwise.
Where IP created by the employee has not been created in the course of employment, the employee may still have obligations, such as fiduciary obligations, to the business in relation to such IP. For example, where the IP has been created using the business, or IP belonging to the business. The business does not waive any rights it may have in relation to such IP.
Where employees work on personal projects (projects that are not considered to be part of their employment) employees must discuss these projects with their manager to assist in identifying whether any issues in relation to the ownership of IP may arise. This includes any potential conflict of interest.
Pre existing intellectual property
The business does not assert ownership over pre existing intellectual property.
Employees who bring pre existing intellectual property to the business to be used in the course of their duties or otherwise, need to provide evidence of their ownership when using that pre existing intellectual property in their work. This ensures the employee’s ownership and contribution to the scope of knowledge held at the business is recognised and that there is no dispute as to prior encumbrances over that pre existing intellectual property.
Before starting work with the business, or as soon as practical after employment or engagement, employees should provide:
- an inventory of that pre existing intellectual property
- all documents relating to the ownership of the pre existing intellectual property, including any contracts, licensing agreements, policies in place at previous employers, or other relevant documents.
Managers must reiterate the IP requirements at induction.
Summary
- IP created by employees during their employment is the property of the business.
- The company consents to employees using resources to fulfil their responsibilities for the company.
- This use does not include any use for commercial purposes, nor does it involve a transfer of ownership of the company’s intellectual property.
- Unless subject to a confidentiality or separate legal constraint, the business recognises that employees may personally use knowledge they have developed in the course of their employment, once that employment ceases.
- That right does not extend to the reproduction of the company’s resources, which can include office facilities, email accounts, internet access, databases, information technology, client files, development of materials (including marketing, flyers etc) and equipment.
Activities that violate IP laws
Following are examples of activities that might violate intellectual property laws or PEER Construction’s policies. If you encounter a similar situation, contact management for assistance.
Copyright infringement
- Installing computer software on more than one computer system without a proper license.
- Making or maintaining additional copies of computer software, including providing copies to customers, without a proper license.
- Copying a third party’s documentation, technical manuals, or user manuals without permission.
- Downloading information from a subscription database without permission.
Trademark, patent, or trade dress infringement
- Adopting or using a slogan, name, or symbol for goods or services that is confusingly similar to a slogan, name, or symbol used by another.
- Making or using a process, product, or device that incorporates patented ideas or features belonging to another.
- Failing to act upon notice or information that the business may be infringing a patent belonging to another.
- Using an overall look or design that is confusingly similar to the overall look or design of another’s product or service and causing confusion in the minds of consumers as to who is the source of the product or service.
Trade secret infringement
Privacy Act 1988
Code of conduct and ethics policy
Compliance policy
Version 1.0 – Last updated 6/2/2022