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Could your employees lead you into an IP dispute?

On Behalf of | May 25, 2026 | Commercial Litigation

Companies have to be on guard all the time when it comes to intellectual property rights. While most companies have a good grip on their own IP rights, they sometimes run into trouble through the use of another company’s IP>

Intellectual property woes can happen to a business from an unlikely source: their own employees may misuse intellectual property that belongs to another business. Many of your employers will come to you with a significant employment history — and that could be a problem. If they were privy to intellectual property at their old firm, there is a chance they might bring some of it into their work with you.

This does not have to be deliberate. They do not have to set out to steal from their old employer, and sometimes it can be hard to remember where they learned a particular thing or first saw a particular idea. It might even have been they who originally came up with the IP while they were working for that other business.

Still, if their former employer considers that intellectual property valuable, they may well move to challenge your use of it, especially if they have already put legal protections in place on it.

Freely taking from elsewhere

Another way that employees can land their employers in an intellectual property dispute is simply taking things they find on the internet. Many an employee, tasked with writing a blog, populating the website with images or setting something to music, has scoured the internet for material and downloaded it without ever getting permission. Sometimes that is allowable, but sometimes it is not, and the owner may be keenly watching for anyone using their material without their permission.

Even though these breaches might be entirely your employees’ doing, your company could be held liable for their actions. While you can reduce the risk of such problems by having clear policies on intellectual property use that you ensure all employees are aware of and understand, things can slip through. If you find yourself on the end of a complaint or litigation, it’s best to seek legal guidance to resolve the matter.

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