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Wednesday, May 13, 2026

Ontario Court of Appeal Rules Employee Holds Rights to Software Developed Independently Despite Employer’s Business Overlap

Nexus Solutions Inc. v. Krougly underscores the necessity of explicit IP agreements in employment contracts to secure employer ownership of employee-created works

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Ontario Court of Appeal Rules Employee Holds Rights to Software Developed Independently Despite Employer’s Business Overlap
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In a pivotal 2025 decision, the Ontario Court of Appeal affirmed that software created by an employee on personal time without employer request or contractual assignment belongs to the employee, even when it competes directly with the employer’s business. The ruling highlights the limitations of the Copyright Act rega…
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Ontario Court of Appeal Rules Employee Holds Rights to Software Developed Independently Despite Employer’s Business Overlap In a pivotal 2025 decision, the Ontario Court of Appeal affirmed that software created by an employee on personal time without employer request or contractual assignment belongs to the employee, even when it competes di... Read the full IIPLA article: https://iipla.org/news/ontario-court-of-appeal-rules-employee-holds-rights-to-software-developed-independently-despite-employer-s-business-overlap

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