Copyright
The Copyright Act provides that the employer owns the copyright if an employee made the work "in pursuance of the terms of his employment by another person under a contract of service or apprenticeship." Case law has clarified that it is not sufficient that an employment relationship exists and, instead, the employee must have made the work within the scope of their duties or because the contract of employment expressly or impliedly required – or at least authorized – the work to be made.
Patent
Patent legislation does not provide for the ownership of an invention in an employment context. Under the common law, the issue is whether the invention was made in the course of the employee's employment and whether it was the employee's role to invent (ie, whether they had a "duty to invent"). This frequently is – and should be – dealt with in the terms of the contract of employment, although the contract may not always be determinative in deciding whether the employee owns the patent.
Confidential information
Employment contracts frequently include confidentiality provisions. Alternatively, standalone confidentiality agreements may exist. Even where there is no express agreement, a court will usually imply an obligation of confidence in an employment relationship and will consider factors such as the nature of the relationship and the nature of the information.
Mask works / circuit layouts
Under the CLA, if a circuit layout was made by a person in the course of their employment under a contract of service or apprenticeship, the employer is the owner unless there is an agreement in writing to the contrary.