Intellectual Property Policy

Employees

As a general principle, ownership of IP created by employees in the normal course and scope of their employment vests by law in Moving Parcels as their employer, while contract workers are required to assign to Moving Parcels the IP rights emanating directly from the execution of their contractual obligations. This applies to copyright and to rights in respect of inventions and IP creation, knowledge and trade secrets developed by Moving Parcels.

Trademarks of Moving Parcels

Moving Parcels owns various registered and unregistered trademarks and reserves all its rights in respect of any marks that include e.g. its name or logo or wherever there is a suggestion of an association with Moving Parcels. Use of their trade marks for private purposes or gain is strictly prohibited. Moving Parcels reserves the right to license its name or registered trademarks to commercial partners. Such a license is only valid if agreed in writing and signed by a duly authorised by the owner of the IP.

Registration and exploitation of Intellectual Property

IP owned by Moving Parcels is recognised primarily through formal disclosures by employees and owner of the brand.

Inventions and IP creation (including patents, AND designs)

Inventions that can be registered inventions and IP creation have to satisfy various legal requirements, with novelty being of a specific prominence. The IP creation should be kept confidential as publication or public use (any form of release/leak in the public domain) may result to the possibilities of registering a patent, or design of the right of the owner.

Software.

Prohibitions regarding unauthorised use of software developed in the normal course and scope of their duties as well as secrecy necessities apply to both employees and users. Employees must disclose new software that they are developing to ensure protection of all the possible
intellectual property rights. The Intellectual Property Policy contains specific provisions regarding delivery of source codes and software development material to the University.

COMMERCIAL IDEAS & COMMERCIALIZATION

Moving Parcels undertakes to – launch measures, in accordance with IP Policy, regarding conceptions, procedures and notions with business potential that may be brought to the attention of the SERVICE PROVIDER by employees, which would help to ensure that:

• The feasibility and commercial possible of an enterprise based on such notions can be properly assessed;
• Due care is taken to keep the contents of such concepts, plans and/or ideas
  confidential in so far as this is necessary; and in each case a fair split of equity, and/or other income from the enterprise is made between Moving Parcels and the third party, taking into account any costs incurred by the relevant parties in respect of the establishment of Moving Parcels.
  

Provisions in respect of inventions and IP creation, expertise and trade secrets

Moving Parcels employees should be aware that all rights, interest and title in any development, trade secret and know-how, whether patentable or registerable created by an employee of the Moving Parcels in the normal course and scope of his/her employment, vest by South African law the SERVICE PROVIDER and in so far as these do not vest by law, that employees assign such rights and interests. Employees ought to assign to Moving Parcels all their rights, title and interest in any inventions and IP creation, knowledge and trade secrets that may be developed in the execution of their contractual obligations. The above shall include all rights, title and interest in any inventions and IP creations developed by the employee during the execution of their employment obligations and for which an application for registration of a patent is filed within six months after termination of the employee’s employment affiliation with the Moving Parcels.