Comparing the legal treatment of employee-created intellectual and industrial property from a labour law perspective

Abstract

Under Spanish law, different intellectual creations, including those by employees, may be dealt with differently from a legal perspective. Works with authors' rights are regulated by the Spanish intellectual property law. In contrast, inventions made under a labour relationship, which may be used for industrial purposes, are regulated by industrial property laws and are thus governed by the Spanish patent and brands law. From a labour law perspective, this paper compares the two bodies of legislation to identify and justify the similarities and differences. The shortcomings of the legislation are highlighted and proposals for resolving these shortcomings are suggested based on synergies between the two regulations.