Regulatory development in different fields of IP

Niklas Bruun, Marja-Leena Mansala

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

Abstract

Regulation of intellectual property issues is based on international conventions from the 19th century. The basic principles are harmonized but the national legislators have the final word on how the principles are implemented into the national legislation. The transfer of rights is not harmonized and the solutions in different legal systems, civil law - common law, differs. Almost all developed countries have some regulations about employee inventions but the regulations differ. Employee’s right to compensation for patented or patentable invention and the amount of compensation varies from country to country. Other intellectual property rights, especially copyright, is less regulated, and the question of employers’ right is usually solved according to employment regulations or contracts. According to EU legislation the right to computer software and sui generis databases created during the employment is presumed to be transferred to the employer without extra compensations if not otherwise agreed.
Original languageEnglish
Title of host publicationResearch Handbook on Intellectual Property and Employment Law
EditorsNiklas Bruun, Marja-Leena Mansala
Number of pages19
Place of PublicationCheltenham
PublisherEdward Elgar Publishing
Publication date2021
Pages113-131
ISBN (Print)978-1-78254-724-2
ISBN (Electronic)978-1-78254-725-9
DOIs
Publication statusPublished - 2021
MoE publication typeA3 Book chapter

Publication series

NameResearch Handbooks in Intellectual Property
PublisherEdward Elgar Publishing

Keywords

  • 513 Law
  • Labour law and Intellectal property law, Employee IP

Areas of Strength and Areas of High Potential (AoS and AoHP)

  • AoHP: Digitisation and sustainability in intellectual property

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