Default (statutory) regime for the ownership | Author / Inventor |
|---|---|
Default (statutory) regime for employee’s creations | Employer, unless otherwise agreed |
Ownership of research results in publicly sponsored research | Ownership belongs to the legal entity of public law, with the possibility of yielding of economic benefits to employed inventors. |
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually | Under Article 129 of Intellectual Property Law, the university, polytechnic school, higher technical and technological institute or teaching centers shall be the owners of patents where inventions have been made in the course of or in connection with the academic activities of such universities, polytechnic schools, higher technical and technological institutes or teaching centers, or using their facilities or under their direction, unless otherwise stipulated. Anyone who has directed research shall be entitled to the remuneration. |
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually | Under Article 129 of Intellectual Property Law, the university, polytechnic school, higher technical and technological institute or teaching centers shall be the owners of patents where inventions have been made in the course of or in connection with the academic activities of such universities, polytechnic schools, higher technical and technological institutes or teaching centers, or using their facilities or under their direction, unless otherwise stipulated. Anyone who has directed research shall be entitled to the remuneration. |
Related law (name & link) | Intellectual Property Law of 1998, Articles 11, 16, 127 to 129 |
Ecuador