Skip to main content

Intellectual Property in Employment Relations

The dynamic development of the knowledge-based economy means that key corporate assets—including software, know-how, technical designs, marketing materials, and technological solutions—are frequently created within employment relationships or under B2B contracts. In such situations, proper intellectual property management within the enterprise, as well as correctly regulating the rules for utilizing the results of creative work, becomes of paramount importance.

Many companies face the need to properly regulate employee copyrights, the terms of use for employee-created works, and the effective transfer of copyrights to the employer.

Our services include, in particular:
  • advising on copyright provisions in employment contracts and the employer’s acquisition of economic copyrights to employee-created works,
  • drafting and reviewing employment contracts, managerial contracts, and B2B agreements, with a particular focus on employee non-compete clauses, B2B non-compete clauses, and provisions concerning the protection of intellectual property within the enterprise,
  • regulating the rules for utilizing employee-created works, computer programs, and databases,
  • creating intellectual property management procedures within the organization,
  • drafting and reviewing documents concerning the protection of know-how, trade secrets, and corporate IP management systems,
  • securing trade secrets and confidential information,
  • drafting Non-Disclosure Agreements (NDAs),
  • drafting non-compete clauses, including employee non-compete agreements and provisions regarding the protection of trade secrets and confidential information,
  • drafting and reviewing documents such as loyalty agreements, employee non-compete agreements, and agreements concerning the release of an employee from a non-compete obligation,
  • supporting the implementation of creator remuneration systems (e.g., incorporating bonus schemes for developing innovative solutions),
  • conducting intellectual property audits in employment relations,
  • representing clients in disputes concerning copyrights, trade secret infringements, and claims brought by employee-creators.

Litigation and Protection Against Infringements

In the event of doubts concerning rights to the results of creative work by employees or collaborators (source code, designs, or other works), we primarily recommend mediation and seek an amicable resolution to the dispute. If negotiations fail to yield results, we firmly assert our clients’ rights in court. We represent entrepreneurs in cases of copyright infringement, unauthorized use of trade secrets, and in disputes with employee-creators. Increasingly, these disputes also involve software, IT systems, artificial intelligence (AI) solutions, and the exploitation of corporate know-how. In highly technically complex cases, we cooperate with patent attorneys and industry experts, providing support that seamlessly combines law with technological expertise and market practice.

Our Approach

We bridge labor law with intellectual property law and the operational realities of modern organizations. We help employers eliminate the risks associated with the improper transfer of rights, the lack of adequate contractual provisions, or the departure of key personnel with access to the company’s strategic know-how.

Our goal is to create transparent and effective legal mechanisms that provide the enterprise with full control over the results (products) of creative work carried out by personnel, while strictly ensuring compliance with labor law and copyright regulations.

Paulina Meller-Kmiecik

Paulina Meller-Kmiecik
Attorney-at-law, Partner
paulina.meller-kmiecik@gjw.pl
<
+48 669 66 44 99

Paulina Meller-Kmiecik How can we help?

    HOW CAN WE HELP?

    Select the service you are interested in and describe the problem or subject of the order. You can also attach documents. We usually respond within the next business day. We estimate our services free of charge.










    Please be advised that the administrator of your personal data is GJW Gramza i Wspólnicy Kancelaria Radców Prawnych Partnership company with registered office in Poznań (61-626), at ul. Szelągowska 27. Personal data will be processed for contact purposes based on the legitimate interest of the administrator manifesting in response to the question asked via the contact form on the basis of art. 6 par. 1 lit. f RODO. More information on personal data and related rights is provided in Privacy policy