Default (statutory) regime for the ownership | Creator / successor in title |
|---|---|
Default (statutory) regime for employee’s creations | Employer |
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 | When the employment relationship exists with a university ' or with a public administration which has among its institutional purposes ' research , the researcher and ' exclusive owner of the rights deriving from the patentable invention of which' author . In case of more ' writers, employees of the university' , public administrations aforesaid or by other public administrations , the rights deriving from the invention belong to everyone equally, unless otherwise agreed . The inventor of the present patent application and will be ' communication to the administration. |
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually | The Universities ' and public administrations , as part of their autonomy , establish the maximum amount of the fee, relating to licenses to third parties to use the invention , due to the same university ' or public administration or a private funders research, as well as ' any aspect of mutual relations . In any case , the inventor is entitled to not less than fifty percent of the proceeds or royalties for exploitation of the invention. In the event that the universities' or public authorities do not themselves the determinations mentioned above, under the same competes thirty percent of the proceeds or royalties. |
Related law (name & link) | Industrial Property Code (Legislative Decree No. 30 of February 10, 2005), Article 65 Law No. 633 of April 22, 1941, for the Protection of Copyright and Neighboring Rights |
Italy