It is imperative to ensure that the intellectual property created by employees are properly controlled by their employer. Pursuant to the general rule, the ownership of any product created by an employee is automatically vested in the employer. However, there are certain exceptions to this rule, particularly with respect to intellectual property rights such as copyrights for text, film, and design rights, which are not automatically transferred to the employer. The regulations surrounding this topic have become increasingly complex, with different rules applying to different types of intellectual property rights. As such, it is essential to clearly define and regulate these matters in employment contracts and policy documents. In addition to the issue of ownership, it is also crucial to consider issues such as compensation, confidentiality, and the management of the registration of intellectual property rights.
RosholmDell has extensive experience in assisting clients in crafting efficient clauses in employment contracts and policies for managing employees’ intellectual property rights. Through such a policy, the company can provide clear guidelines for both managers and employees regarding the intellectual property rights generated by them, particularly with respect to the right to compensation. Additionally, it is important to consider the mandatory provisions set out in various collective agreements and to negotiate the policy proposal with the relevant trade unions prior to implementation.
Should you have any questions regarding the management of employees’ intellectual property rights, please do not hesitate to contact our partner Carolina Thoft or our IP expert Viktor Johansson for further guidance.