Default (statutory) regime for the ownership | Author / researcher |
|---|---|
Default (statutory) regime for employee’s creations | Employer |
Ownership of research results in publicly sponsored research | The grantor shall be the owner of such results and their disclosure and utilisation is possible only with the prior written consent of the grantor. If the results need protection (eg patent) it should be provided by the reciver of the funds for its own account. The receiver shall be entitled to reimbursement of justifiable related costs, provided these were not part of the project’s allowable costs. In limited scope the default regime can be modified contractually. |
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually | Freedom of scholarly, scientific, research and artistic activities as well as publication of the results thereof are guaranteed at higher education institutions (Article 4 of Higher Education Act). |
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually | A school or a school-related or educational establishment shall have the right to conclude, under usual terms, a licence agreement on the utilisation of a school work. Where the author of such a work withholds his permission without stating a serious reason, such entities may claim compensation for the absence of manifestation of the author’s will in court. Unless otherwise agreed, the author of a school work may use his work or may grant the licence to any other party (Article 60 of Copyright Act). |
Related law (name & link) |
Act on Inventions and Rationalisation Proposals of 1990 The Higher Education Act of 1998 Act on the Support of Research and Development from Public Funds |
Czech Republic