Introduction
The Intellectual Property Policy for Top Employers Institute outlines the principles and guidelines for the management, protection, and utilisation of its Intellectual property. The policy aims to protect the organisation’s Intellectual Property rights, sustain Top Employers Institute established reputation, and ensure that its branding and proprietary materials are used appropriately.
Scope
Intellectual property refers to all major forms of the legal protection of intangible rights protected by the law, including Trademarks, Certification marks, Copyright, and Design Rights. This policy applies to all employees, Contractors, and Clients of Top Employers Institute, as well as any third parties who may have access to Top Employers Institute’s intellectual property globally.
Definitions
a. Certification Process: The process whereby Top Employers Institute assesses the Client’s employee conditions. The Certification Process includes a validation process based on the HR Best Practices Survey and is accessible to all Clients to complete in the Top Employers Portal.
b. Certification Seal: The Top Employers Institute Certification indicates that a Client has passed the threshold on the HR Best Practices Survey. Once certified, the Seal can be used up to one year from the date of grant of Certification.
c. Client: The legal entity listed on the main body of the Participation Agreement, and is a contracting party to Top Employers Institute.
d. Confidential information: Information or know-how only accessible to specific employees within Top Employers Institute.
e. Contractor: Company or an organisation that has contractual obligations with Top Employers Institute to support Top Employers Institute with day-to-day services for its business continuity.
f. Copyright: Rights which grant Top Employers Institute legal protection for their website design, survey, literary creations, etc.
g. Employee: Individual who is hired by Top Employers Institute to provide services under the company’s direction and control.
h. HR Best Practice Survey: Research tool used to assess and benchmark an organisation’s HR practices. Participating clients undergoing the Certification Process use this survey to evaluate employee experience across various HR domains.
i. Intellectual Property (IP): Intangible property that includes but is not limited to patents, Trademarks, Copyrights, Proprietary information, Methodologies, Survey Processes, Top Employers Institute-published articles, Media, and any other creations of the mind used in the business.
j. Management: The management responsible for overseeing the policy ensures its proper implementation, compliance, and alignment with the organisation’s objectives and legal standards.
k. Top Employers Institute: Top Employers Institute is the global authority on recognising excellence in people practices. Top Employers Institute is the sole proprietor of all IP created within it.
l. Trademark: A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
Ownership of Intellectual Property
The IP rights to any documents created by or on behalf of Top Employers Institute (including but not limited to the Certification Guide, HR Best Practices Survey, Participation Agreement, Personalised report, and HR benchmark report) will vest in Top Employers Institute. All IP created, developed, or registered by employees or Contractors for Top Employers Institute during their engagement with Top Employers Institute and within the scope of their employment or contract is the sole property of Top Employers Institute.
Protection of Intellectual Property
Top Employers Institute understands that protection of its IP not only helps the company reap the benefits of its own creativity and innovation, but also sets awareness and precedent for respecting third party IPs. Employees and contractors of Top Employers Institute are encouraged to help protect our IP and third-party IPs. Top Employers Institute will register and enforce its IP rights as necessary, including pursuing legal action against unauthorised use or infringement.
Confidential Information
a. Employees and contractors must maintain the confidentiality of Top Employers Institute’s IP. Information that would otherwise be considered as confidential regarding IP or IP in future projects should not be disclosed to unauthorised parties without appropriate permission.
b. Any new IP materialised by Top Employers Institute employees should remain undisclosed to third parties. This helps us preserve our future IP material and protect it from infringing activities.
Usage of Intellectual Property
Primary Top Employers Institute IPs are Trademarks “Top Employers Institute®”,” Top Employer™”,” HR Best Practice Survey™”, “For a better world of work™”, Connector logo®, “Top Employer: Certified Excellence in Employer Conditions®” and “Top Employer: For a better world of work” Certification Seal. The use of these IPs, along with specific colour combinations, are key elements of our brand identity. Its universal usage enhances our brand recognition and reputation. The marks are used to signify specific instances as outlined in the Certification Process. For example, the Top Employer Certification Seal may only be used to indicate the Client’s status as a Top Employer. These marks are protected in whichever form they appear. However, they are protected as a representation of our brand and not as a generic phrase. For example, using our brand name in quotes, such as “Top Employers Institute”, reflects our brand. Other examples include “For a better world of work”, “Top Employer”, and “Top Employer: Certified Excellence in Employer Conditions”. This also avoids confusion with similar sounding generic phrases such as Top Employers Institute or top employers.
The logos and trademarks must be presented in their original form and should not be altered in any way. This includes maintaining the integrity of their design, color, proportion, and all other visual elements. Unauthorised modifications, distortions, or adaptations that deviate from the approved usage guidelines are disallowed, as they can dilute the brand’s identity and lead to potential misrepresentation. The “HR Best Practice Survey™” is protected under copyright law, and any unauthorised copying or reproduction of the survey content is strictly prohibited. The materials, methodologies, and scoring models in the survey are the intellectual property safeguarded to prevent copyright infringement. Any use, distribution, or replication of the survey without prior written consent will be considered a violation of our copyrights and will be subject to legal action.
Top Employers Institute has registered its trademarks globally and locally with country-specific Trademark offices and international organisations. These are registered in specific classes of goods and services such as Class 35 – Conducting surveys of methods and procedures in the field of Business management, operation, organisation and administration of a commercial or industrial enterprise; Class 41 – Forms of education or training; Class 42 – Drafting Certification rules, composing and checking of standards, Certification criteria and evaluation guidelines; conducting surveys; Class 14 – Precious medal trophies, awards; Class 16 – Printed publications, printed matter, printed certificate.
Internal Use
a. Employees and contractors may use Top Employers Institute’s IP for legitimate business purposes within the scope of their duties.
b. Employees and contractors are required to use the appropriate IP depending on the instance. For example, the Top Employers Institute® may be used as a brand name in commercial or internal activities. Top Employer: Certified Excellence in Employer Conditions® may be used by Clients to showcase their Certification or a means to advertisement and/or invitation by employees and contractors.
c. The Top Employers Certification Seal must be consistent wherever it appears — always used in full and in the same colour, font and shape as provided by Top Employers Institute.
External Use
a. Clients and third parties must obtain permission before using any of Top Employers Institute’s IP. Licensing & Partnership Agreements outline the terms and conditions of such use.
b. The effect of use of Top Employers Institute’s IP will only take place after Client’s Certification, and when the embargo has been lifted. Parties are not permitted to use any of Top Employers Institute’s IP prior to it.
c. Clients that are a certified Top Employer have the right to use the “Top Employer Certified Excellence in Employee Conditions®” in all marketing communications to their respective stakeholders. However, they are obligated to follow the guidelines as provided under “Certification Seal Guide 2024”.
d. Parties are requested to take appropriate and necessary steps to ensure that Top Employers Institute’s IP is well represented and protected. In addition, Top Employers Institute branding guidelines are laid down to provide an understanding of how to use Top Employers Institute IP.
e. Local media or agency, upon permission of Top Employers Institute, may use Top Employers Institute logo when publishing an advert or commercial list.
f. It is prohibited for Clients or third parties to use, register, include a Top Employers Institute Trademark, Certification Seal or Copyright as their own. It is also prohibited for a Client or third party to register a domain name or social media account, which uses Top Employers Institute Trademark or Copyright that may cause a likelihood of confusion to consumers.
Responsibilities
Top Employers Institute takes great initiative in protecting their IP rights locally and internationally. In as much, employees and contractors are required to be responsible in protecting our brand identity and reputation.
Employees and contractors
a. Must adhere to this IP Policy and report any suspected breaches or unauthorised uses of IP.
b. Must promptly disclose any IP developed in the course of their employment or engagement to the relevant internal parties.
c. Are encouraged to raise any concern that they may identify as a breach of our IP rights inside & outside of our organisation.
d. Our SpeakUp policy allows us to raise any breach of conduct with utmost anonymity. This tool also extends to breaches or mishandling of our IP rights. (For internal use only)
Management
a. Are responsible for ensuring compliance with this policy and taking appropriate action in the event of a breach.
b. Must ensure that any new creation of IP is protected by undergoing a registration process via local/international Trademark offices.
c. Must actively participate in monitoring any infringement of Top Employers Institute’s IP rights, and act against such infringements accordingly.
d. Must provide training and resources to employees and contractors to understand and comply with IP laws and this policy.
Dispute Resolution
a. Any disputes regarding IP ownership, usage, or infringement will be addressed through negotiation in the first instance. If a resolution cannot be achieved, the matter may be escalated to mediation or legal action as appropriate.
b. This also extends to the dispute resolution clause as stipulated in the Participation Agreement.
Policy Review
This policy will be reviewed annually or as necessary to ensure its continued relevance and effectiveness. Updates will be presented periodically on the main website.
Contact Information
For any questions or concerns regarding this IP Policy, please contact legal@top-employers.com.
This IP Policy was updated in March 2025