I have noticed my contract includes a clause regarding intellectual property (i.e. the GP practice is the sole owner of the rights to any original work/material developed, even outside working hours). I am uncomfortable signing this and was wondering if it is a standard part of a contract?
The NTCER outlines your minimum employment terms and conditions
Still have questions?
It is not uncommon for employment contracts to contain a clause dealing with ownership of intellectual property.
Subject to the terms of your employment contract, the general rule is that employers own any intellectual property created by its employees “in the course of their employment”, while employees own any intellectual property created in their spare time without using their employer’s resources.
This general rule is reflected in clause 21 of the NTCER which provides that:
The registrar and the employer agree that:
- any Intellectual Property created by the registrar in the performance of their contracted duties is owned by the employer.
- any Intellectual Property created by the registrar outside of work hours, or otherwise than in the performance of their contracted duties, is deemed to be owned by the registrar.
Depending on the precise wording, the clause in your contract may give your employer ownership rights over intellectual property you create even if it has nothing to do with your work as a registrar. You should read your employment contract carefully and seek advice as to its effect.
If you are not comfortable with the clause, you should refer your employer to clause 21 of the NTCER and request that your employer amend the clause before you sign the contract.
