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An Employer’s Entitlement To An Employee’s Invention In Australia

By Rodney DeBoos

In Australia, the entitlement of an employer to a patentable invention made by its employee is governed by the common law and equity. There is no statute which dictates the rules which apply, although the impact of the Corporations Act 2001 is discussed below in relation to fiduciary duties. The situation in relation to patents can be contrasted with the situation regarding copyright where the Copyright Act 1968 provides a set of default rules regarding ownership of works and subject matter other than works.

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