As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

Special rules on employee inventions are included in the Patent Law and in the Labor Contract Law.

There are basically 3 types of invention, from the perspective of employer-employee relationships. First, inventions made in technological areas for which the employee was hired as a researcher or developer belong to the employer. The employee may be entitled to a special compensation if they develop a patented invention which exceeds the normal scope of the employee's work. Second, inventions related to the employee's work or related to the employer's know-how or activities belong to the employee, but allow the employer to exercise an option to acquire rights over the invention. If the option is exercised, the employee is entitled to a payment reflecting the value of the invention. Third, inventions that do not fall into the 2 previous categories belong to the employee.

Similar rules are applicable in the case of other types of technology or intellectual property rights. In the case of software, the law applies the “work for hire” doctrine but allows the parties to agree to different contractual rules.

Copyright

The Copyright Act provides that the employer owns the copyright if an employee made the work "in pursuance of the terms of his employment by another person under a contract of service or apprenticeship." Case law has clarified that it is not sufficient that an employment relationship exists and, instead, the employee must have made the work within the scope of their duties or because the contract of employment expressly or impliedly required – or at least authorized – the work to be made.

Patent

Patent legislation does not provide for the ownership of an invention in an employment context. Under the common law, the issue is whether the invention was made in the course of the employee's employment and whether it was the employee's role to invent (ie, whether they had a "duty to invent"). This frequently is – and should be – dealt with in the terms of the contract of employment, although the contract may not always be determinative in deciding whether the employee owns the patent.

Confidential information

Employment contracts frequently include confidentiality provisions. Alternatively, standalone confidentiality agreements may exist. Even where there is no express agreement, a court will usually imply an obligation of confidence in an employment relationship and will consider factors such as the nature of the relationship and the nature of the information.

Mask works / circuit layouts

Under the CLA, if a circuit layout was made by a person in the course of their employment under a contract of service or apprenticeship, the employer is the owner unless there is an agreement in writing to the contrary.

The Austrian Copyright Act does not recognize "works made for hire," i.e., the original author is always the owner of the copyright. However, it is possible to license the exploitation rights. In certain cases, Austrian law recognizes the implied license for an employer to use an employee invention  developed during employment using the employer's resources (equipment or funding). Nevertheless, it is highly recommended that employers address the licensing of inventions developed by employees in the employment agreement. There is a statutory assumption of an implicit license for computer programs.

The Austrian Patent Act provides similar principles to patents, with the exception that there is a statutory transfer claim for inventions made by employees in public service (clerks). Otherwise, a transfer right must be agreed in the employment contract or collective labor agreement.

For semiconductors, the same principles as regarding patents apply; however, there is a statutory assumption for a license in case of works made for hire (applies to both employees and contractors). The same applies to designs and utility patents.

Trademarks are freely transferable and can therefore also be made for hire for another person (including legal entities).

Generally, subject to some exceptions, such as software and topography protection, and, in the absence of contrary, contractual or statutory, provisions, employees will retain ownership of the intellectual property developed by them.

In particular, reference can be made to the following rights:

Copyright

Where works are created by an author under an employment or a public servant’s contract, the economic rights may be assigned to the employer on the condition that such assignment is expressly agreed in writing and that the creation of the work falls within the scope of the contract. However, there are some presumptions, such as those regarding the assignment of economic rights in computer programs, that automatically favor employers.

As of August 1, 2022, it is no longer required to include a clause in an employment or public servant’s contract stipulating a specific profit share for the author in case of exploitation of the assigned work in a form unknown at the date of the contract. The new remuneration rights regarding appropriate and proportionate remuneration and the best-seller clause now provide for a sufficient safeguard in this respect.

The original author retains the moral rights on the work, since such rights are, in principle and as a whole, non-transferable and inalienable.

Patent

Title 1 (Patents) of the Code of Economic Law provides that the right to a patent shall belong to the inventor or the inventor's successor in title. Title 1 (Patents) has not set out special rules regarding patent rights of employees, so that the status of such inventions is governed by the employment contract. Belgian case law, however, generally makes a distinction between inventions performed during professional duties (pro employer), personal inventions (pro employee) and mixed inventions (depending on the circumstances of the case and the judge's discretionary power). It is therefore accepted that the employer is entitled to the invention that is made in the framework of an employment contract, ie, the invention that is made during an agreement and by an employee that is hired or instructed by their employer to make inventions or to carry out research in a given domain.

Design

If a design has been created by an employee in the course of their employment, the employer shall, unless specified otherwise, be regarded as the creator.

Copyrights

Except for software as mentioned below, the Copyright Law is silent regarding the ownership of works created by employees, which will be decided by the courts on a case-by-case basis. The concept of "work for hire" is not recognized by the Law.

Software

Unless otherwise agreed, the employer owns the rights to software developed during the employment agreement whose purpose is research and development of software or which result from the nature of the job description. Unless otherwise agreed, compensation for the employee's work shall be limited to their salary.

Mask works

Unless otherwise agreed, the employer owns the rights to mask works developed during the employment agreement in which the creative activity results from the nature of the job description or in which the employee uses resources, technological information, industrial or commercial secrets, materials, facilities or equipment of the employer. Unless otherwise agreed, compensation for the employee's work shall be limited to their salary.

Patents

Inventions and utility models belong to the employer when they result from an employment agreement performed in Brazil whose purpose is research or inventive activity or if the inventive activity results from the nature of the employee's services. Unless otherwise agreed, compensation for the employee's work shall be limited to their salary.

Trademarks

There is no legal provision concerning the ownership of trademarks in employment context. The rule is "first to file" if the filing does not infringe any legal provisions.

It is customary for employees to sign invention assignment and confidentiality agreements.

Regarding patents, in the absence of an agreement, an employer can show ownership by demonstrating that the work leading to the invention was part of the employee's duties and responsibilities in the employee's terms of employment.

With respect to copyright, ownership of a work created in the course of employment rests with the employer in the absence of an agreement to the contrary. However, moral rights in the work are granted exclusively to the author. Moral rights cannot be assigned, but can be waived by agreement.

Regarding industrial property, according to Law 19,039 on Industrial Property, in employment agreements where the purpose is the fulfillment of an inventive or creative activity, the faculty to request registration as well as the eventual industrial property rights generated in the performance of such activity belongs exclusively to the employer who commissioned the service, unless otherwise provided.

An employee who is not required to perform an inventive or creative function according to their employment agreement is the exclusive owner of all industrial property rights arising from their inventions, and thus also has the right to request registration in their own name. However, if in carrying out the invention, the employee clearly benefitted from the knowledge acquired in the employer’s company and used means made available by this company the rights belong in turn to the employer who must grant the employee an additional remuneration to be agreed upon by the parties. The same principles apply to an employee making an invention that goes beyond the scope of what they were commissioned to do.

With regard to copyrights, Law 17.336 on Intellectual Property only provides for a specific regulation for software on a work-for-hire basis. In these cases, cases the owners of the respective copyrights are deemed to be the natural or legal persons whose employees have created them in the performance of their work duties, unless otherwise agreed in writing.

In practice, it is customary for employees to agree to transfer industrial or intellectual property rights, which are often included as specific clauses in their employment contract.

For copyright, a work shall be deemed a "work for hire" if it is created by an individual in order to fulfill a task assigned by its employer. The copyright in that work shall vest in the author, except that the employer shall have priority to use the work within its business scope. Within 2 years of the work's completion, the author may not authorize a 3rd person to use the work in the same manner in which his or her employer uses it without the employer's consent.

With respect to engineering design drawings, product design drawings, maps and computer software created mainly by using the material and technical conditions of, and under the responsibility of, the employer, the work's author shall enjoy the right of authorship, and the employer shall enjoy the other copyright rights, in which case the employer shall reward the author.

For patent, if an invention is created in the course of performing the duties of an employee, or mainly by using the material and technical conditions of an employer, this invention shall be deemed a service invention. For a service invention, the employer has the right to apply for a patent. After such an application is approved, the employer shall be the patentee. The employer shall give an award to the employee who creates the patent, and a reasonable remuneration shall also be given the employee based on the scope of application of the patent and the amount of the proceeds derived from such application.

For a non-service invention, the inventor or designer has the right to apply for a patent. After such an application is approved, the said inventor or designer shall be the patentee.

If inventions are made by an employee using the materials and technical conditions of an employer, and if the employer has concluded a contract with the inventor or designer stipulating agreements concerning the right to apply for the patent or the ownership of the patent right concerned, such agreements shall prevail.

In Colombia, the same provisions that govern employment agreements govern the intellectual property in service agreements.

Under articles 28 and 29 of Law 1450, 2011, intellectual property rights are understood to be transferred to the employee or contractor if they are developed during a labor or service agreement, and for the execution of such an agreement. Note that moral rights are not transferred to the employer; as a result, the employee will always have a right to be recognized as the creator of the invention or author of a work and may claim paternity rights over the work, or even object to the modification of the work itself.

The law presumes that an employee transfers economic rights to its employer to the extent that it is necessary to carry out the usual activities of the employer at the time the work was created.

The abovementioned provisions only apply to written agreements.

Unless otherwise agreed, the author's economic rights to a work created by the author in fulfilling their duties arising from the employment or civil service contract with the employer shall be exercised by the employer in their own name and on their own account (ie, generally as if owned by the employer, similar to common law "work made for hire" regime). The employer may only assign the exercise of the right pursuant to this paragraph to a 3rd party with the author's consent unless this occurs when the employer's enterprise or its part is sold as a going concern.

The Danish Act on Employees' inventions (LBK 104 24/01/2012) grants IP rights to inventions to the employer as a general rule.

The Danish Copyright Act (LBK 1093 20/08/2023) grants all IP rights to software developed by an employee as part of their job to the employer (cf. section 59).

In case of other copyrightable works, a non-statutory principle applies, according to which the employer only acquires the parts of the employee’s copyright that were necessary for the employer’s usual business at the time the employee created the work, unless otherwise agreed. It is a condition for the copyright to pass to the employer that the work was created as part of the employment relationship. Secondly, it is a condition that the employee has the creation of works for the employer as part of his/her work duties. 

The Finnish Copyright Act does not specifically address the issue of IP rights in an employment context, apart from the copyrights to computer programs, which are by default considered to be transferred to the employer. Other copyrighted works created by an employee remain the property of the employee unless otherwise agreed or clearly implied (eg, in case the employee has specifically been hired to create content for the company).

In respect of patentable inventions, the Act of an Employee's Inventions governs the right of an employer to acquire the invention made by the employee given that the invention has been made as part of the employee's tasks. Employees are entitled to a mandatory, reasonable compensation for such transfer.

According to the Act on the Protection of Semiconductor Topographies, the employer has the right to acquire and register the rights to the topography given that the topography has been made as a part of the employee's tasks and that the parties have not agreed otherwise.

It is common and recommended to include provisions regarding IP rights and confidentiality in employment contracts.

There is no work for hire under French law, except for:

1. Copyright on software and related documentation and
2. Patents, to a certain extent and provided that certain conditions be met.

For a work made by an employee within the course of their employment, the rights in the work belong to the employee (although some case law has admitted implicit transfer to employer). Rights are vested in the employer only if the work is collective or, in certain circumstances, if the work is a software or related documentation.

In regard to copyright, the Copyright Act prescribes that the general provisions of the Copyright Act shall also apply if the author has created the work in execution of his duties under a contract of employment. Accordingly, German copyright law does not feature a work for hire doctrine, and thus, as a general rule, copyright is owned by the author (ie, employee). However, jurisdiction and literature acknowledge in general that, by virtue of the employment contract, the employer is implicitly granted sufficient and exclusive exploitation of work of the expressly delegated tasks. However, the scope of such right of use is always limited by the purpose of the employment agreement. Thus, it can also not be excluded that the employer's right of use might terminate as soon as the employment agreement is terminated. Therefore, it is advisable to regulate the transfer of the exploitation rights to the employer in written form, typically in the employment contract.

In regard to computer programs, the Copyright Act explicitly prescribes that, if the employee creates a computer program in the execution of their duties or by following the instructions given by the employer, the employer has exclusive rights to exercise all the economic rights in the program, unless agreed otherwise.

The Act on Inventions of Employees (Arbeitnehmererfindungsgesetz) regulates patentable inventions and inventions eligible for utility models made by employees. Employees are required to immediately notify their employers of any job-related inventions in writing. The employer may claim ownership of such invention within 4 months of the notification date.

Until a law reform in 2009, the employer had to actively claim the invention during this 4-month period; otherwise, it remained with the employee. However, as a result of the reform, the employer is now deemed to have claimed the invention unless it specifically releases the invention to the employee in writing within 4 months of the notification. If the employer claims an invention, it must pay "reasonable compensation" to the employee and ensure the invention is properly protected in Germany. The amount of "reasonable compensation" must reflect the economic value of the invention, the position of the employee within the company and the share of the company in the development of the invention.

Furthermore, the Act on Inventions of Employees provides for an obligation of the employee to inform the employer of any other inventions made during the employment relationship but which are not job-related. Prior to any other exploitation of such an invention in relation to third parties, the employee is also obligated to offer the employer at least a non-exclusive right of use under reasonable conditions.

The default position in Hong Kong is that an employer owns any intellectual property created by employees during the course of employment. It is also customary to include suitable contract clauses with respect to assignment and confidentiality in the employment contract.

The Patents Ordinance provides that the employer owns the invention if the invention is created in the course of the employee's normal duties or duties specifically assigned to them and the invention may reasonably be expected to result from the carrying out of the employees' duties. The employer also owns the invention if the employee has a special obligation to further the interests of the employer's undertaking due to the nature of their duties and the particular responsibilities arising from the nature of their duties, and the invention was made in the course of the employee's duties.

Notwithstanding the employer's ownership of such inventions, the employee may be entitled to monetary compensation, being a fair share of the benefits derived, if the patent resulting from the invention is of outstanding benefit to the employer.

The Copyright Ordinance provides that, subject to any agreement to the contrary, the employer is the first owner of the copyright of literary, dramatic, musical or artistic work or film made by employee in the course of employment. A further award shall be made to the employee if the use of the employee's work is beyond the employer's and the employee's reasonable contemplation at the time of making the work in the course of employment.

Similarly, for registered designs and layout-designs (topography), where a design is created by an employee in the course of their employment, their employer shall be treated as the owner of the design, unless otherwise agreed between the parties. 

All acts related to intellectual property (eg, Patent Protection Act and Copyright Act) regulate generally when a work is made in the framework of an employment relationship.

Under the Copyright Act, the employer, as the legal successor of the author, automatically obtains economic rights once a work is handed over, if the preparation of the work was the author's obligation within the scope of their employment, in the absence of any agreement to the contrary (ie, "work for hire" doctrine).

The Patent Protection Act distinguishes the "service invention" and "employee invention." A "service invention" means any invention created by a person in the execution of their duties stemming from employment that includes to work out solutions within the domain of the invention. An "employee invention" means any invention created by a person who is not required to do so under their contract of employment; however, the exploitation of such invention falls within the sphere of activities of their employer.

In case of service inventions, patent rights shall be vested in the employer, as the inventor's successor in title. In case of employee inventions, patent rights shall be vested in the inventor; the employer, however, is entitled to exploit the invention. The employer's right of exploitation is non-exclusive; the employer shall not grant a license of exploitation. Special rules apply to the consideration to be paid to the employees for service inventions and employee inventions.

It is customary for employees to sign invention assignment and confidentiality agreements. Failing to include the required text in the form of an assignment clause in employment agreements may raise enforceability issues, especially for work product that is patentable.

A concept similar to "work for hire" appears under Section 17 of the Copyright Act, wherein the employer is deemed to be the first owner of copyright in a work made by an employee, during the course of their employment.

Apart from copyright ownership, all other intellectual property rights created by employees require specific assignment and registration. In view of this, it is customary for employment agreements to contain general assignment provisions in favor of the employer, and enabling provisions, allowing the employer to seek specific assignment of identifiable work product.

Copyright Law provides that the creator of a creation shall be the creator and copyright holder, for creations created under an employment relationship or based on an order, unless agreed otherwise.

Patent Law provides a different approach which is the party entitled to the patent of an invention created in an employment relationship is the party that has given the work, unless agreed otherwise. But this stipulation does not abolish the inventor's right to remain named on the Patent certificate. The inventor is entitled to receive compensation based on an agreement made by the employer and the inventor, by taking into account the economic benefits obtained from the invention in question.

Therefore, it is practically common in Indonesia to incorporate an intellectual property assignment clause in the employment contract or even a separate declaration to be signed by the employee as an attachment to the employment contract where the employee agrees to assign all intellectual property that they have created during the tenure of their employment to the employer.

In general, works created by employees in the course of employment will be considered to be the intellectual property of the employer. However, this is not always the case if the work was created in the employees own time and in a way that did not rely on the time or information of the employer or otherwise relate to the day to day duties of the employee. This is not always clear-cut and so employment contracts will typically include provisions that seek to give certainty to the intellectual property rights as between the employer and the employee.

As set out above, in an employer/employee relationship, the employer is usually the owner of the right created in the course of such relationship. This holds true for service inventions under the Patent Law, works under the Copyright Act, designs under the Design Law, and layout-designs under the Integrated Circuits (Protection) Law. There are no legal provisions regarding this issue in connection with trademarks or trade secrets. Notwithstanding the foregoing, case law recognizes an obligation on the part of an employee to preserve the employer's trade secrets as a result of the employee's duties of good faith towards the employer.

Despite the provisions in various laws, as detailed above, it is customary to include a general covenant in employment agreements in which the employee assigns all intellectual property rights that they may have to the employer (and expressly waives any right they may have to royalties on Service Inventions - ie, inventions created during and in consequence of an employee's employment with the employer).

It should be noted that a number of cases since 2010 have considered the question of an employee's right to royalties on Service Inventions as a separate question from the issue of ownership of the right (which vests in the employer). Furthermore, the Committee for Compensation and Royalties (“Committee”) has stated, in a decision under Chapter Six of the Patents Law, that it is possible to waive this right and that a general waiver of rights by the employee suffices for this purpose, with no specific reference to royalties under the Patent Law being required (Barazani v. Iskar). 

In December 2019, the High Court of Justice ruled that employees have no “vested right” under Israeli law to receive remuneration for their Service Inventions (although, under the Patent Law, where there is no actual agreement between the employer and the employee determining whether, to what extent and on what conditions the employee has a right to remuneration for a service invention, the employee is entitled to apply to the Committee for a decision on the matter). In addition, the High Court of Justice has ruled that the period of proscription for filing an employee's motion to receive remuneration for a service invention commences on the date on which the employee is required by law to notify the employer of the Service Invention, namely as soon as possible after the date of invention.

Copyright

As a general rule, unless otherwise agreed by the parties, should a work be commissioned by 3rd parties or created by an employee in the performance of their tasks or upon instructions given by the employer, the economic rights on such work would be held by the commissioner or employer, while moral rights, which are non-transferable and inalienable, would be retained by the author (ie, employee).

With regard to software and databases, unless otherwise agreed, the employer holds the exclusive right to exploit the work created by an employee in the performance of their tasks or upon the instructions of the employer.

With regard to industrial designs, economic rights would be held by the employer in case the work has been created by the employee in the performance of their duties. Moral rights would, in any case, be retained by the employee.

Patent

When an industrial invention is made during the performance or fulfillment of an employment contract, whereby the inventive activity is deemed to be the objective and the employee is specifically paid to invent, the employer retains the patent rights arising from the invention, and the inventor (which is not entitled to any bonus or compensation with regard to the invention) retains the right to be recognized as such.

When an industrial invention is made during the performance or fulfillment of an employment contract that does not provide specific compensation for inventive activity, the employer holds the patent rights arising from the invention, and the inventor is entitled to a fair compensation and holds the right to be recognized as inventor.

If none of the above applies, but the invention is related to the field of activities of the employer, the employer retains an option rights to use and purchase the invention.

With respect to the framework of research by universities and similar institutions, the rights of the inventions made by researchers during the course of employment with a research institution, university or similar entities, belong to the research institution or university. The researcher retains the moral right to be recognized as inventor.

Different principles apply to inventions carried out within the frame of publicly funded research by universities and similar institutions and researchers.

The "work for hire" doctrine is applicable to copyrights and mask works. The doctrine is also applicable to patents as long as it is agreed in the work rules or employment agreement that the work for hire patents are inherently owned by the employer in advance. Employees must be reasonably compensated by an employer for the work for hire patents, patent assignments or grant of an exclusive license. The law does not provide the compensation figures but certain factors to be taken into consideration are provided and the amount must be reasonable. For copyrights, a work must be made public under the name of an employer except for computer program related copyrights.

Even if an employer did not provide that patents created by employees are inherently owned by the employer from the moment of their creation in the work rules or employment agreement, statutes give an employer a right that is similar to a shop right within the scope of a non-exclusive license. This only applies to patents.

Copyright

In case of a work commissioned by 3rd parties or works created by an employee in the performance of their tasks or upon instructions given by the employer, the employer or the commissioner is to be considered the assignee of the economic rights if the parties have expressly agreed to this in writing.

The original author retains the moral rights on the work but is in principle entitled to transfer them in whole or in part.

Patent

When the inventor is an employee and unless the parties have expressly agreed otherwise in writing, patent rights belong to the employer:

• When an industrial invention is made during the performance or fulfillment of the employment contract, whereby the inventive activity is deemed the objective and the employee is paid to invent and make researches
• When an industrial invention is made through the knowledge or use of technics or specific means to the employer or data procured by the employer

Design

If a design has been created by an employee in the course of their employment, the employer shall, unless specified otherwise, be regarded as the creator.

The Mexican Labor Act provides that an employee-inventor has the right to be named as author of their inventions. This is a right to recognition, not ownership. With respect to ownership of inventions, the Labor Act provides that:

• Where an employee-inventor works in research and development or works on perfecting processes used in the employer's business, the resulting intellectual property belongs to the employer, provided that, if the benefit to the employer is disproportionate to the salary paid to the employee, the employee shall have the right to a royalty, as determined by mutual agreement of the parties or by the Mediation and Arbitration Board, and
• Intellectual property developed by an employee engaged in any other area shall belong to the employee, provided that the employer shall have the first right to the exclusive use or acquisition of the invention or patents (on terms to be negotiated by the parties or determined by the Mediation and Arbitration Board).

Copyright

The Dutch Copyright Act stipulates that, where labor carried out by an employee consists of the making of certain literary, scientific or artistic works, the employer shall be deemed the author thereof, unless otherwise agreed between the parties.

As the employer is deemed to be the author of the work, it is likely that they also retain the moral rights. However, this is still an unanswered issue in Dutch literature. It is also justifiable to understand that the employee (as the original author) retains the moral rights on the work. However, they may be waived as far as permitted by law.

Patent

The Patent Act provides that the right to a patent shall belong to the inventor or their successor in title. Where the invention for which a patent application has been filed has been made by a person employed in the service of another person, the employee shall be entitled to the patent unless the nature of the service entails the use of the employee's special knowledge for the purposes of making inventions of the same kind as that to which the patent application relates. Should the latter be the case, the employer shall be entitled to the patent. In case the salary is to be regarded insufficient compensation for the employee’s loss of patent to their employer, a remuneration may be applicable.

Design

If a design has been developed by an employee in the execution of duties, the employer shall, unless otherwise agreed, be deemed to be the designer.

Where a design is created in an employment context, the copyright relating to the design shall belong to the party deemed to be the designer, in accordance with the provisions of the Benelux Convention on Intellectual Property.

Where an employee makes, in the course of their employment, a literary, dramatic, musical or artistic work, that person's employer is the first owner of any copyright in that work, subject to any agreement to the contrary. The position is the same with respect to design rights created in the course of employment. With respect to patentable inventions, the invention belongs to the employer if it was made in the normal course of the employee's duties or specifically assigned duties.

Where specific work is commissioned, then the person who paid for the commissioned work will generally own the rights in that work.

Usually, employment contracts will contain provisions relating to the ownership and/or waiver of rights, if any, in intellectual property created by the employee, as well as provisions relating to non-disclosure or confidential information and restraints of trade.

Copyright

The Copyright Act vests the copyright interest in the author (in the 1st instance) of a copyrightable work. This applies in the case where the work is made in the course of the author’s employment, unless otherwise stipulated in writing under a contract of employment. The Copyright Act does, however, permit an exception to this general provision. Under the Copyright Act, where a person in the absence of an agreement to the contrary, creates a work under a contract for services, or in the course of employment by a government, a ministry, department or agency of a government or a prescribed international or inter-governmental organisation, the copyright in that work shall vest in that government, ministry, department, agency, prescribed international or intergovernmental organization. In all other respects, the author shall be the 1st owner of the copyright in the work (ie, the employee).

Patents

Under the Patent and Designs Act, where an invention is created in the course of employment or in the execution of a contract, the right to a patent is vested in the employer or the party who commissions the invention. However, fair remuneration is payable by the employer to the  employee who creates the invention. The entitlement to fair remuneration applies, subject to 2 conditions: (i) if the contract of employment does not require the employee to exercise any inventive activity but he makes the invention using the data or means of their employer and (ii) if the invention is of exceptional importance. Fair remuneration is determined taking into account the employee’s salary and the importance of the invention. This entitlement is not modifiable by contract and may be enforced by civil proceedings.

Industrial Design

Under the Patent and Designs Act, where an industrial design is created in the course of employment or in the execution of a contract, the right to register is vested in the employer or the party who commissions the industrial design. However, fair remuneration is payable by the employer to the employee who creates the industrial design. Fair remuneration applies where the creator is an employee and the employee’s contract of employment does not require them to exercise any creative activity, but the industrial design was created using the data and means of their employer.  Fair remuneration is determined taking into account the employee’s salary and the importance of the invention. Fair remuneration if applicable, is not modifiable by contract and may be enforced by civil proceedings.

Trademarks

There is no statutory provisions concerning ownership of trademarks that are developed in the course of employment or in the execution of a contract. Therefore, ownership of a trademarks that is developed in the course of employment, particularly a trademark that cannot be construed as a literary or artistic work under the Copyright Act (such as a coined word, phrase or slogan), will be subject to the mutual agreement of the employer and employee as expressed in the relevant contractual documents.

The Norwegian Right to Inventions made by Employees Act (arbeidstakeroppfinnelsesloven) regulates the right to patentable inventions which are invented by employees employed in private and public sectors.

The general rule is that employees have the same right to their original inventions as any other inventor. However, there are certain exceptions to this general rule that provides the employer the right or priority to the inventions.

Employees must provide their employer with a notice of any invention in accordance with section 5 in accordance with the Norwegian Right to Inventions made by Employees Act.

The employer has the following types of claims against the employer's inventions:

• In accordance with section 4 paragraph 1 of the Norwegian Right to Inventions made by Employees Act, if the employee is employed as an inventor or researcher, or if the invention is within a certain task set by the employee, then the employer has a right to claim that such patent is transferred to them, if this invention may be used within the company's business area. Within 4 months from the employee's notice, the employer must inform the employee whether they wish to claim any rights to the invention.
• If the invention is created by an employee in connection with the employment but not as set out in paragraph 1, then section 4 paragraph 2 of the Norwegian Right to Inventions made by the Employees Act states that the employer has a right to request a license to the invention. If the employer wishes to receive a more extensive right, then they have a first right of refusal for 4 months after the provision of the employee's notice to enter into an agreement for such purposes.
• Where the invention has been made by the employee in circumstances that are not connected to their employment, then the employer has a first right of refusal for 4 months after the provision of the employee's notice to enter into an agreement for such purposes. This is subject to the invention being relevant to the company's business area, and this provision does not apply to universities or similar institutions.

Inventions made by the employee within 6 months after they have left the company will be considered to have been created under the service of the employer. This is subject to the invention being relevant to the business area of the company and having been part of the inventor's work during employment, or the invention being a result of a task that was assigned by employer to the employee.

If the employee transfers the invention to the employer, they have the right to a reasonable remuneration, except when the value of the inventions does not exceed what reasonably should be expected, taken into account the salary and other benefits received as employee.

The Copyright Act does not state any specific rules for work created in the scope of an employment other that copyright in computer programs. Unless otherwise agreed, computer programs created by an employee as a part of their tasks or by following instructions of the employer will be transferred to the employer. Other works made by an employee remain as a general principle under the Copyright Act the property of the employee, unless otherwise agreed. However, it is still outlined by non-statutory employment law principles that the copyright is transferred to the employer if creating of the copyrighted material is considered necessary for the employment contract to fulfill its purpose or otherwise necessary for the employers ordinary business. Clarification in the employment contract is strongly recommended for clarity.

The right to layouts generated by an employee is transferred to the employer unless there is a contractual agreement stating otherwise.

The employer's right to a design is not regulated in the Design Act. The employee therefore owns the design, unless otherwise agreed, or the employer can prove there is a presumption between the parties that such design is to be owned by employer. However, this is governed by the abovementioned non-statutory employment law principles.

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With regard to copyright, in the case of work created by an author during and in the course of their employment, the copyright shall belong to (i) the employee, if the creation of the object of copyright is not a part of their regular duties, even if the employee uses the time, facilities and materials of the employer, and (ii) the employer, if the work is the result of the performance of their regularly assigned duties, unless there is an agreement, express or implied, to the contrary.

For inventions, in case the employee made the invention in the course of their employment contract, the patent shall belong to (i) the employee, if the inventive activity is not a part of their regular duties, even if the employee uses the time, facilities and materials of the employer, and (ii) the employer, if the invention is the result of the performance of their regularly assigned duties, unless there is an agreement, express or implied, to the contrary.

Under the general rules of Polish law, the employer generally acquires all the intellectual property rights to works created on the basis of an employment contract, unless the contract provides otherwise.

Therefore, based on the employment relationship, the employer acquires, inter alia, the following rights to intellectual property created in the course of employment:

• Right to inventions, designs and utility models, which also includes the right to obtain a patent or protection rights for the design or utility model
• Economic copyrights

However, copyrights to computer programs created by an employee in the course of the performance of his/her employment duties are vested in the employer.

The acquisition of copyrights to works that are not computer programs does not include personal copyrights (non-disposable rights of the author).

However, it is permissible to include in an employment contract an authorization for the employer to exercise the personal copyrights to an employee's works. This is usually provided in the contract in order to enable the employer to interfere in the integrity of the work (in particular, by modifying the work) or to disseminate the work without indicating its author.

In addition, the transfer of the right to use and dispose of works derived from an employee's work does not occur automatically with the transfer of economic copyrights. Therefore, the contract of employment needs to specifically provide for the transfer of derivative rights as well as the fields of exploitation in which this transfer occurs.

As a general rule, the copyright over a work made under a employment agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In case the name of the creator is not in the work, it is presumed that the copyright belongs to the entity for which the work was created. In specific circumstances, even if the patrimonial rights belong to the entity for which the work was made, the intellectual creator, in addition to the agreed remuneration, may have the right to a special remuneration.

In the case of a computer program created by an employee in the exercise of their functions or according with the instructions provided by the employer, the employer shall be the owner of the rights over the programs, except when otherwise agreed or implied in the purposes of the contract. In specific circumstances, even if the patrimonial rights belong to the entity for which the computer program was created, the intellectual creator, in addition to the agreed remuneration, may have the right to a special remuneration.

The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

Inventions/patents

Under the Labor Inventions Law, the employer owns the rights over inventions resulting from the exercise of the inventor's job specifications expressly mentioned in their employment agreement and in the job description sheet, or mentioned in other binding material for the inventor that provides for an inventive mission. In addition, the employer owns the rights over inventions created while the inventor is an employee, as well as over inventions created after termination of employment for a maximum of 2 years after the termination of the employment agreement, by knowing or using the employer's experience and material resources, as a result of the professional training offered to the employee at the expense of the employer or by the use of information derived from the employer's activity. Inventions must be disclosed immediately to the employer. In this case, the employer has 4 months (subject to a longer term provided in the internal regulation) to categorize the invention as a labor invention and to claim ownership over it. If the employer does not claim ownership, the invention belongs to the employee.

Employers can benefit from a non-exclusive license granted by the employee for the patented invention if the employer no longer wishes to continue with the post-filing procedures for the invention or is not interested in protecting the invention in states other than Romania.

However, employees own the rights to inventions they have developed entirely on their own time without use of employer resources and that are unrelated to the employer's business.

Copyright

As a general rule, employees own the copyright for works created in the exercise of their duties described in their labor contract. In this case, the employee may authorize the use of such work by 3rd parties only with the consent of the employer and after compensating the employer for the costs incurred for the creation of the work. The employer is not required to obtain the employee's authorization for the use of the work within its scope of activity.

Specific rules are applicable to computer programs created by employees in the exercise of their duties or following the instructions of their employer. In this case, the patrimonial rights over the computer programs belong to the employer subject to a contrary provision in the labor contract. However, the direct enforceability of such provision in the absence of a specific assignment provision in the labor contract is under current debate.

The patentable and copyrightable works created by an employee in an employment context are deemed to be owned by the employer, unless the parties agree otherwise or, in case of patentable objects, unless the employer fails to timely formalize its patent rights. However, the employee is entitled to remuneration payable by the employer. While the law is more liberal in relation to copyright works and generally allows the remuneration for their creation to be part of the salary, for patentable works, the stand-alone remuneration must be agreed on and paid

The author retains personal inalienable rights to created objects in any case.

There are no regulatory protections that specifically cover employees in the Trade Secrets Regulations. However, agreed confidentiality provisions in an employment contract may grant certain levels of protections.

The Copyright Law restricts the right to assign copyright in future works (any such purported assignment is deemed "null and void"). Standard language in employment contracts often vests ownership of all works created by the employee in the employer. Employers that usually rely on future copyright assignments need to ensure that suitable intellectual property rights provisions are used, as those rights will not automatically vest in the employer.

The general position under the Patents Law is that the employer shall be the owner of the relevant protection document (a patent, or a certificate of layout design), subject to certain stipulated requirements and exceptions in the Patents Law. There are however provisions in the Patents Law that provide for an employee's right to receive a special award.

If a trade mark, work or a design is created by an employee in the course of his or her employment, the trade mark, work or design will, in accordance with the relevant statute, be owned by default by the employer rather than the employee unless there are agreements between the employer and employee to the contrary.

It is commonplace for employers to include confidentiality clauses in employment agreements in Singapore.

Under the Copyright Act, works created for the fulfillment of duties under employment contracts or similar contracts are considered employee works. The same applies to works created by authors who are members of managing, controlling or supervisory bodies of a legal entity, or a statutory body or member of a statutory body of a legal entity. Property rights to employment works are exercised by employers, unless otherwise agreed. If property rights are exercised by employers, employees cannot license the works to a 3rd person; employees as authors shall not exercise property rights to the works themselves. Employers are entitled to license property rights to a 3rd person, unless otherwise agreed.

If property rights are exercised by employers, employees as authors automatically give their consent to publish the works; to use employers' label on the works; or to change, intervene with or finish the works.

Similarly, these provisions are applicable to computer programs, databases and cartographic works created on contract.

Under the Patent Act, inventions created within the fulfillment of employment contracts are considered employment inventions. The right belongs to employers, unless otherwise agreed. The right of the employee to be recognized as the inventor of the invention is not precluded. Employees as inventors shall inform employers about inventions in writing and deliver all the materials necessary for evaluation of the invention. Employers may exercise their rights to the invention within 3 months; otherwise, the rights are transferred to employees. If employers exercise their rights, employees are entitled to a remuneration.

Employment solutions under the Act on Utility Models are regulated in a similar manner as employment inventions under the Patent Act described above.

Employment designs under the Act on Designs are regulated in a similar manner as employment inventions under the Patent Act described above.

Under the Act on Topography, if topographies are created within the fulfillment of duties under the employment contract or other contract, the rights belong to employers or entitled contractual parties, unless otherwise agreed.

In Korea, the right to a patent belongs to the inventor or their successor in title. The right to a patent may be transferred by assignment, in whole or in part. An inventor has the right to be identified in a patent application. Conversely, the applicant for a patent application need not be the inventor, as the right to a patent may be transferred before the filing of the application, for example, by contract or inheritance.

The Invention Promotion Act (IPA) defines a "work for hire" invention as an invention that results from:

• Present or past duties of the employee
• Being within the scope of the employer's business

Unless otherwise stipulated, the ownership of a "work for hire" invention belongs to the inventor-employee. In the meantime, the employer is given a royalty-free and non-exclusive license (often called "shop right") to use the invention if the employee is a small or medium sized entity defined under the Small or Medium Sized Entity Framework Act (SME). In order for an employer that is not an SME to receive a non-exclusive license, the employer must have a contract or employment regulation where the employee agrees to assign the "work for hire" inventions to the employer in advance and which has to be executed or adopted after consultation with the employee.

In this regard, the employee must report the completion of the works made for hire to their employer (when 2 or more employee-inventors contributed to the invention, all of the employee-inventors must report together). The employer must notify in writing whether it plans to succeed the works made for hire or not within 4 months from the above invention completion report by the employee. The right to the invention is deemed to be transferred to the employer as soon as the timely written notice is provided to the inventor-employee. However, if the employer fails to make such notification in writing, the works made for hire are deemed as free inventions to the employer.  The National Assembly of Korea passed a bill to revise the IPA on January 9, 2024, which will come into effect 6 months after the date of promulgation.  Under the revised IPA, if the employer has a contract or employment regulation where the employee agrees to assign the "work for hire" invention to the employer in advance adopted after consultation with the employee, the ownership rights to the employee invention are automatically assigned to the employer at the time when the invention is completed.  As an exception, the employer is required to notify the employee within 4 months from the receipt of the invention disclosure only when the employer decides not to acquire ownership to the "work for hire" invention.

The employee is entitled to "reasonable compensation" for any "work for hire" invention acquired by the employer. Further, the IPA provides several factors for determining "reasonableness" of the compensation:

• The employer is required to adopt an internal compensation rule and provide the employees with adequate details about the program in writing, including the type of compensation, criteria for determining the amount of compensation and the payment method.
• The employer is required to provide the inventor employee with adequate details in writing, regarding the compensation amount, including how the amount was derived based upon the above rules.
• The employer is required to consult with the employees regarding adoption or amendment of the above compensation rule; if an amendment is pursued that is less favorable to the employees, the employer is required to obtain consent from at least 50 percent of the relevant employees.
• In addition to the above requirements, the compensation must be determined in consideration of the profits that the employer gained or expects to gain from the in-service invention and the degree of contribution by the employer and the employee to the creation of the particular invention; and the IPA also stipulates that even if a patent application is not filed for a "work for hire" invention acquired by an employer, the employee is still entitled to reasonable compensation.

Generally speaking, intellectual property rights (inventions, topographies of semiconductor products, industrial designs, copyright works and computer programs) created by employees within the scope of their employment relationship in principle belong to the employer.

In particular, Law 24/2015 on Patents sets forth that inventions made by an employee during the term of their contract, work or service with a company, and which are the result of research that is explicitly or implicitly the object of their contract, shall belong to the employer. The employee will have the right to an additional remuneration in case that their personal contribution to the invention and the relevance for the company exceeds the scope of the tasks regulated in their employment agreement. Furthermore, the employee shall have the right to a reasonable remuneration in relation to the use of the technical improvements developed by the employee which offer a competitive advantage to the employer.

If inventions do not fulfill the aforementioned conditions, they shall belong to the employee who is the author. Nonetheless, if the employee makes an invention "related" to their professional activity and the knowledge gained within the company has had a decisive influence thereon or they have used means provided by the company, the employer shall have the right to claim ownership of the invention or to reserve a right to its use. The employee has a month to give the communication to the employer, who will have 3 months to exercise its rights. In the event that the employer does not communicate to the employee its willingness to assume the ownership of the invention within the aforementioned 3 months period, its rights shall expire, enabling the employee to proceed to the solicitation of the patent for itself. If the employer, having communicated the employee its willingness to assume the ownership of the invention, does not claim in front of the authorities, within a reasonable and pre-agreed term, the industrial property rights, the employee shall claim those on behalf of the employer.

In the event that the employer assumes the ownership of the invention or reserves a right to its use, the employee shall have the rights to a fair (economic) compensation/remuneration proportional to the industrial and commercial importance of the invention as well as considering the value of the resources or know-how given by the employer and the contributions made by the employee. The aforementioned remuneration may consist of a share on the profits made by the employer from the exploitation of the rights over the invention.  

Regarding copyright works, according to the Legislative Royal Decree 1/1996 on Intellectual Property, the transfer of the exploitation rights of a work created by virtue of employment relations to the employer is governed by the terms agreed upon in the contract in writing. In the absence of such an agreement in writing, it is presumed that the exploitation rights have been granted exclusively and with the scope necessary for exercising the usual activity of the employer at the time the work is delivered. Similarly, where a computer program is created by an employee in the course of their duties or following instructions given by their employer, the ownership of the exploitation rights on the computer program created, including both the source program and the object program, belong exclusively to the employer, unless otherwise agreed in writing.

The Act on Copyright in Literary and Artistic Works (SFS 1960:729) (lag om upphovsrätt till litterära och konstnärliga verk) does not state any specific rules for work created in the scope of an employment other than copyright in computer programs. Unless otherwise agreed, computer programs (including source code, object code and preparatory design material) created by an employee as a part of his/her assignments, or by following the instructions of the employer, will be transferred to the employer.

Other copyright protected works created by an employee remains the property of the employee. However, a right of use is implied, and if not otherwise expressly agreed, the employer may use the employee's work within its field of business and for the employer's normal business activities for the purposes that could be anticipated when the work was created. It is customary and recommended that employees sign copyright assignment and confidentiality agreements, or that such provisions are included in the employment contracts. Some collective labor agreements, for example within the mass media sector, provide acquisition rights in the employee's copyright.

Under the Act on the Protection of Topographies for Semiconductor Products (1992:1685) (Lag om skydd för kretsmönster för halvledarprodukter), the right to a topography created in an employment relationship belongs to the employer, unless otherwise agreed.

Pursuant to the Act on Right to the Inventions of Employees (1949:345) (Lagen om rätten till arbetstagares uppfinningar), the employer has under certain circumstances the right to implement the invention in its business or the right to fully or partly acquire the invention created by an employee as part of his/her assignments. The employee has a mandatory right to reasonable compensation for the transfer of its invention to the employer. Right to renumeration may also follow from collective bargaining agreements.

Inventions and designs created by the employee in his or her function as an employee and in fulfillment of his or her contractual duties belong to the employer. The same applies to software-related copyrights but not to other copyrighted works. Further, certain inventor's or creator's rights, including moral rights in copyright, are not automatically transferred from the employee to the employer. Therefore, it is advisable to include contractual clauses dealing with the transfer of intellectual property rights from employees to employers in employment agreements.

It is to be noted that under Swiss law an employee is legally obliged for the duration of an employment relationship to keep confidential information, such as manufacturing or trade secrets, obtained while in the employer’s service secret. The employee remains bound by such duty of confidentiality even after the end of the employment relationship to the extent required to safeguard the employer’s legitimate interests.

According to the Copyright Act, the moral rights and economic rights of an authorship work completed by an employee in the course of performing their duties is vested in the employee unless otherwise provided for in an agreement between the employer and employee to the contrary. Even in the absence of such agreement, the economic rights to authorship work shall be vested in the employer. The term "employee" referred to in this context includes a civil servant.

According to the Patent Act, where an invention, a utility model or a design is made by an employee in the course of performing their duties, unless otherwise provided for in an agreement between the employee and employer to the contrary, the right to apply for a patent and the resulting patent shall be vested in the employer on the condition that the employer shall pay the employee reasonable remuneration. Where the right to apply for a patent and the resulting patent are vested in the employer, the employee as the inventor, utility model creator or designer concerned shall be entitled to a right of attribution.

Where an invention, utility model or design made by an employee has no connection with their job duties, the right to apply for a patent along with the resulting patent shall be vested in the employee. However, if such invention, utility model or design is made through the utilization of the employer's resources or experiences, even though the right to apply for a patent and the resulting patent are vested in the employee, the employer may, after paying the employee a reasonable remuneration, exploit the invention, utility model or design. Any agreement concluded between an employer and an employee precluding such employee from enjoying the abovementioned rights and interests shall be null and void.

The Integrated Circuit Layout Protection Act provides that, if a circuit layout is created by an employee in the course of performing their duties, the right to apply for registration and the rights attached to such circuit layout shall be vested in the employer unless otherwise provided for in an agreement between the employer and employees to the contrary. However, the employee shall be entitled to the right of attribution based on the facts of the creation.

Ukrainian law generally recognizes a work-for-hire doctrine in which an employer owns works of authorship created by an employee within the scope of employment. At the same time, the transfer of IP rights on work-for-hire objects from employee to employer must be formalized in writing. Otherwise, arguably by virtue of Ukrainian law, IP rights on created objects may not be recognized as transferred from the employee to the employer.

Separately, IP rights to copyrighted works created in connection with the performance of employment agreement are transferred to the employer from the moment the employee creates the work in full scope, unless otherwise provided by agreement.

Another, more complicated procedure is provided by the Ukrainian laws with respect to patent rights to inventions, utility models and the rights under certificates for industrial designs. Unless otherwise is provided under employment agreement, an employee must notify an employer in writing about the fact of creation, including the detailed description of the creation. Within 4 months from the date of receipt of the notification, an employer should either file an application for the patent/certificate (for inventions, utility models and industrial designs), or transfer such right to a 3rd party or decide to keep creation as confidential information (for inventions and utility models).

Within 4 months from the date of receipt of notification, an employer shall conclude an agreement with an employee that formalizes the transfer of rights from employee and payment of remuneration to the employee.

Failure to do the above actions allows an employee to file the application for the patent/certificate.

The Copyright Law restricts the right to assign copyright in future works. Specifically, future copyright may only be assigned in up to five future works. In practice, this requires that after an author has created five works, he will continue to own copyright from the sixth work onwards. Standard language in employment contracts often vests ownership of all works created by the employee in the employer. Employers that usually rely on future copyright assignments need to ensure they also have the right to require the employee to enter into additional assignments of copyright subsisting in additional future works and requiring retroactive assignments after they have been created. Ideally, they should also insist on a license covering the period between creation and assignment, because those rights will not automatically vest in the employer.

With respect to copyright and design rights (including semiconductor topography designs), where an employee (as distinct from independent contractors) makes a work in the course of employment, the employer will be first owner of the copyright in the work, subject to agreement to the contrary.

Inventions belong to the employer if the invention was made in the normal duties of the employee or specifically assigned duties.

It is customary for employees to sign inventions assignment and confidentiality agreements. However, some states (eg, California and Washington) have statutory prohibitions on employers requiring employees to assign inventions that the employees have developed entirely on their own time without use of employer resources and that are unrelated to the employer's business.

US copyright law recognizes a "work for hire" doctrine in which an employer owns works of authorship created by an employee within the scope of employment.

The "work for hire" doctrine does not apply to inventions or patents. Employee inventors own their inventions and the resulting patents absent an assignment by the inventor to their employer.

US patent law recognizes a "shop right," which is an implied license for an employer to use an invention of an employee who developed the invention within the scope of their employment using the employer's resources (ie, equipment or funding). The implied license is not transferable except in the sale of a business.

The DTSA requires that employee inventions agreements that are executed or updated (ie, amendments or modifications to existing agreements) beginning on May 12, 2016 include notice of certain immunities provided under the law. The law gives an employee immunity from civil and criminal liability under state and federal law for disclosing a trade secret if the disclosure was made to report or investigate an alleged violation of law, and the new law requires that companies include notice of such immunity in any agreement with an employee that governs the use of trade secret or confidential information. Failure to provide this notice would result in the company not being able to recover exemplary damages or attorneys' fees from the employee if the company were to sue the employee for misappropriation of trade secrets.