Foundations of labour and IP law

Abstract

The regulation of employee IP has developed within the shadow of two dynamic fields of law, namely labour law and intellectual property (IP) law. Both fields of law have undergone significant changes due to economic, technological and social transformations. Employee IP has rarely been the main focus or interest for the legislator. In the introductory article we focus on the foundations of employee IP, we explore the historical roots of the regulation of IP rights in the context of inventions and creations made by employees. We also explore different approaches that have been applied in order to transfer ownership of IP to the employer. We try to develop some criteria for an efficient and fair regulation. We argue that the employee´s right to recognition, attribution or moral rights is important. On the other hand the employer must be able to dispose over the economic use of the protected subject matter, a fragmented structure of rights cannot be efficient. An efficient system for conflict resolution is also important.