Employment Insight: Developing Intellectual Property in South Africa as a Foreign Company
Foreign companies with customers in South Africa often engage a local service provider to manage the customer relationship and provide support services. The foreign company is usually careful to navigate the employment, corporate and tax risks associated with the engagement and the contract with the local service provider will typically assign any intellectual property created or developed by the service provider to the foreign company. Sounds simple, right? Well, not if the assignment cannot be implemented in practice.