Ownership of intellectual property rights in work relations under OAPI: a brief survey
Abstract:Abstract
Ownership of intellectual property created during employment has always been a
contentious issue since employers usually claim ownership of such rights for one
reason or the other. Through doctrinal analysis, the paper demonstrates that
modern intellectual property regimes have rules which determine who owns
intellectual property created in work relations. It is revealed that in principle,
ownership is recognised on the creator or inventor or whoever registers it.
However, such ownership could be transferred by the creator to the beneficiary.
Beside these general rules are specific rules of ownership which apply to different
intellectual property rights. In any case, if the employee is not to enjoy the fruits of
his invention, he must be compensated for intellectual property rights claimed by
the employer.
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