Germany

Country code: 

DE

Flag: 

Ownership rules: 

Default (statutory) regime for the ownership

Creator / successor in title

Default (statutory) regime for employee’s creations

In relation to inventions: Employer is obligated and solely entitled to a reported domestic login service invention to grant a property right. If the employee's invention has become free, so only the employee is entitled, they must register for the grant of a property right. The service invention, the employer had already registered for the grant of a property right, then, the rights of the application is transferred to the employee.

In relation to industrial designs: Employer, unless otherwise agreed in the contract.

Ownership of research results in publicly sponsored research

Information not available

Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually

Information not available

Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually

Information not available

Related law (name & link)

Patent Law of 1936

Law on Employees' Inventions of 1957

Law on the Protection of Designs of 2004

Act on Copyright and Related Rights of 1965 (Copyright Act)

Dissemination rules: 

Limitations on publication

Information not available

Specific rules regarding publication of scientific results financed by public bodies

Information not available

Non-disclosure clauses in research contracts

Information not available

Specific incentives for innovation activities: 

Related Law (name & Link)

Direct government funding

Incentives provided by law for individual researchers

Information not available

Related Law (name & Link)

Information not available

Incentives provided by HEI for researcher

Information not available

Form of commercialisation: 

Form of commercialisation

Requirements regarding form of contract

Limitations for HEIs

HEIs Unit responsible for commercialisation

Related law (name & link)

Information not available

Revenue sharing: 

Remuneration/ Participation in revenues

Statutory rules regarding remuneration

Statutory rules regarding revenue sharing

Internal HEIs rules regarding revenue sharing

Related law (name & link)

Patent or utility model

If HEI utilizes the employee invention, such HEI shall compensate 30 % of the revenues generated from its exploitation to the employee (Article 42 of Law on Employees' Inventions of 1957).

Law on Employees' Inventions of 1957

Models of contracts used in R&D: 

Type of contracts

Short description

Source (link)

Information not available