Regulatory development in different fields of IP

Abstract

Regulation of intellectual property issues is based on international conventions from the 19th century. The basic principles are harmonized but the national legislators have the final word on how the principles are implemented into the national legislation. The transfer of rights is not harmonized and the solutions in different legal systems, civil law - common law, differs. Almost all developed countries have some regulations about employee inventions but the regulations differ. Employee’s right to compensation for patented or patentable invention and the amount of compensation varies from country to country. Other intellectual property rights, especially copyright, is less regulated, and the question of employers’ right is usually solved according to employment regulations or contracts. According to EU legislation the right to computer software and sui generis databases created during the employment is presumed to be transferred to the employer without extra compensations if not otherwise agreed.