Arbeidsadvocaat.nl is pleased to inform employers about important legal issues related to employment law. One question that sometimes arises is who owns the property rights to creations and inventions made by employees during their employment. In this blog, we take a closer look at that.
Creations during working hours
In the context of employment, the following principle applies: what an employee creates during working hours will, in many cases, be owned by the employer. This is known as the "employer copyright. It is important to understand that this right applies to creations within the scope of the job, regardless of where they are created, at home or in the office.
Excerpt
This also followed from a case in the district court: an account manager developed software during working hours that was then used by the company. Although this was not explicitly stated in his job description, it was held that this activity fell within the scope of his work, so the copyright automatically went to the employer.
Clause in employment contract
As an employer, you would be wise to carefully review the employment contract to be offered. If it contains an intellectual property (IP) clause, it may mean that employees are required to transfer all intellectual property rights to the employer. This includes not only copyright, but also patent law, for example, which can be important in the case of technical inventions.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you are faced with a dispute to prevent any litigation and protect the company's intellectual property rights. Please feel free to contact us.
May 2024
