Your engineer in Lagos or Cape Town builds a feature, writes code, or designs a process. The EOR is their legal employer — not you. If the chain of IP assignment isn’t explicit and back-to-back, you can end up without clear ownership of what they created. That’s the risk. This guide is about closing that gap before it becomes a dispute.

The three-party chain. In a direct hire, the employee’s contract says work created in the course of employment belongs to the employer. With an EOR, you have: (1) your company, (2) the EOR as legal employer, and (3) the employee. IP has to flow employee → EOR → you. That only happens if the EOR’s contract with the employee assigns IP to the EOR, and your master service agreement (MSA) or work order requires the EOR to assign that IP to you. Missing either link and you’re relying on goodwill or messy litigation.

South Africa. The Copyright Act 98 of 1978 says that where a work is made in the course of employment, the employer is the first owner of the copyright — unless the parties agree otherwise. The “employer” in the eyes of the law is the EOR. So by default, the EOR would own the work, not you. The EOR’s employment contract should assign all such IP to the EOR, and your agreement with the EOR should oblige them to assign it to you. Don’t assume the statute alone gives you ownership; get the contract chain right. For patents and other IP, the position is similar: employer ownership in the employment context, but the employer is the EOR unless you’ve contracted for a back-to-back assignment.

Nigeria. The Copyright Act (as amended) also vests copyright in the employer for works made in the course of employment. Enforcement is weak — courts are slow and IP disputes are not a priority. Explicit assignment in the employment contract and in your EOR agreement is non-negotiable. Relying on default rules is risky; if the employee leaves or a dispute arises, proving chain of title without clear paperwork is harder and more expensive. Include invention assignment and moral rights waivers (where applicable) in the documents the employee signs.

Kenya. The Copyright Act and the Industrial Property Act govern. Works made in the course of employment are generally owned by the employer; the same logic applies — the EOR is the employer. Kenya’s legal system is more predictable than Nigeria’s for commercial disputes, but you still want written assignment from employee to EOR and from EOR to you. Specify that the employee’s job description and duties include creating IP for your business and that all such IP is assigned. Reduces ambiguity if someone later claims the work was outside the scope of employment.

Egypt. Egyptian IP law tends to favour the employer for work made within the scope of employment. Contract language still matters: broad “work for hire” and assignment clauses in the EOR’s employment contract, plus your agreement with the EOR requiring assignment of all IP created by assigned personnel to your company, keep the chain clear. If the EOR uses a local co-employer or partner, confirm that the same IP obligations are in that local contract.

What to look for in your EOR contract. (1) IP assignment clause — The EOR’s template employment contract should state that all IP created by the employee in the course of employment is assigned to the EOR (or, in some structures, directly to you if local law and the EOR’s model allow it). (2) Back-to-back assignment — Your MSA or statement of work should require the EOR to assign to you all IP that the EOR receives from the employee in connection with the assigned work. (3) Invention assignment / disclosure — Some EORs support separate invention assignment agreements (IAAs) or equivalent clauses requiring employees to disclose and assign inventions and creations. Useful for R&D and product roles. (4) Pre-existing and moral rights — The contract should clarify that the employee warrants they’re not bringing in third-party IP and, where relevant, waives or assigns moral rights to the extent permitted by local law.

How some EORs handle it. Remote offers an add-on product (e.g. IP Guard) that bundles IP assignment and related protections into the employment setup — worth asking for the actual clause set so you can compare. Deel’s standard employment agreements typically include IP assignment to the EOR, and their MSAs usually provide for assignment from Deel to you; confirm the wording in your jurisdiction. Other providers vary: some bake strong IP language into the base contract, others treat it as an add-on or leave it thin. Always read the employee-facing contract and the EOR–client agreement; “we handle IP” is not enough.

Checklist before you sign. (1) Read the IP clause in the EOR’s employment contract — does it assign all work-for-hire and inventions to the EOR (or to you if that’s the structure)? (2) Read your client agreement — does it require the EOR to assign that IP to you, without extra fees or carve-outs? (3) If you’re in tech or R&D, ask whether the EOR supports an IAA or equivalent and whether it’s included or optional. (4) For each country, confirm that the same IP terms apply to any local partner or co-employer the EOR uses, so you don’t have a gap in one jurisdiction.

If the EOR’s standard docs don’t give you a clean chain from employee to you, push for amended language or a side letter. The cost of fixing it upfront is lower than arguing ownership after a key person has left or a product has shipped.