Who owns the intellectual property rights of the design/software/brand produced by the employee in the workplace?
General Rule
- The financial rights of the works produced in accordance with the employment contract belong to the employer (5846/art.18)
- Moral rights remain with the employee
- Otherwise may be stated in the contract
Computer Program (Software)
- Employer has financial rights
- Employee is the owner of the work (spiritual)
- Employer's right to sell/license
Invention (Patent)
- SMK art.119: Employee notifies the employer of the invention
- Employer can patent it
- Reasonable compensation to the employee condition
- Compensation calculation: value of the invention, contribution of the employee
Brand/Design
- Registered by the employer
- The employee does not receive additional rights for working in return for wages (usually)
Terms of Contract
- The clause "All intellectual property rights are transferred to the employer" is common
- May have limitations
- Lawyer Recommended contract review with
Supreme Court 11. HD
11. HD adopts that "reasonable compensation" should be calculated objectively in employee cases and that the employer cannot determine arbitrary amounts.
Labor and intellectual property law lawyer is recommended.