Vol. 2 No. 2 (2011)
Theoretical Studies

Intellectual Property Created in Labour Relations

Orsolya Kottászné Vass
University of Pécs

Published 01-12-2011

Keywords

  • invention,
  • service invention,
  • intellectual property rights (IPR)

Abstract

In our days remarkable inventions and most important results of research and developement are usually created under the scope of a research institution, a company or a university. Even so the regulation of intellectual property created in labour relations is an unknown and unheeded part of IP Law. The topic is a special legal relation between the employer and the employee regulated by partly the labour law but mostly the civil law. In spite of the differences between the two branches of law it could be declared that the Hungarian legal regulation and background is clear and complex. At the same time, regarding the inferior status of the employee, it is unavoidable to analyze some relevant issues like the definition of service invention, the rights and duties of the inventor and the employer, the right of disposition or the matter of the remuneration of the inventor-employee.