Who owns the intellectual property rights when an invention, design or creative work is developed by an employee?
- Author: International Trade Centre
- Main Title: Secrets of Intellectual Property , pp 77-78
- Publication Date: March 2004
- DOI: https://doi.org/10.18356/2f04aadc-en
- Language: English French, Spanish
Businesses often rely on employees and independent consultants to develop their intellectual property (IP) assets, and assume that they automatically own the rights on those assets, according to the principle ‘I paid for it, therefore I own it’. This may be a software program, an article, a script, architect’s plans and drawings, a new logo, a new product or process, product packaging, a new product design, a business plan, an invention, and the output of many other types of creative endeavours. Who owns the right to the work that employees create: the individual creator, or the company who employs them? The answer to this question is not always easy or clear; it may vary a lot from one country to another, and in a given country depending on the law and the facts and circumstances of a particular employer–employee relationship.
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