Netherlands

Country code: 

NL

Flag: 

Ownership rules: 

Default (statutory) regime for the ownership

Patent: creator / successor in title

Default (statutory) regime for employee’s creations

The employee shall be entitled to the patent unless the nature of the service entails the use of the employee’s special knowledge for the purposes of making inventions of the same kind as that to which the patent application relates, in which case the employer shall be entitled to the patent.

Ownership of research results in publicly sponsored research

Information in English not available

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

If the invention has been made by a person carrying out research in the service of a university, college or research establishment, such university, college or research establishment shall be entitled to the patent.

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

Information in English not available

Related law (name & link)

The Dutch Patent Act 1995, Article 12

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)

Information not available

Incentives provided by law for individual researchers

A contribution is paid towards the wage costs of employees directly involved in R&D. The contribution is in the form of the payroll tax reduction and social security contributions and an increase in the tax deductions available to self-employed persons.

Related Law (name & Link)

WBSO (direct link to the Act is not available, only link to Netherlands Enterprise Agency with further info)

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)

Transfer of rights / Licence

The title shall be entered in the patent register.

Information not available

Information not available

The Dutch Patent Act 1995

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)

Patents

An employee is entitled to an equitable remuneration related to the financial importance of the invention and the circumstances in which it was made. Determining a fair share is complex. It involves an assessment of a large number of factors.

No

Information not available

The Dutch Patent Act 1995, Article 12

Models of contracts used in R&D: 

Type of contracts

Short description

Source (link)

Not available