Default (statutory) regime for the ownership | Author / creator / researcher |
|---|---|
Default (statutory) regime for employee’s creations | Industrial Property: Employer, unless otherwise agreed (Article 11 section 3 of Industrial Property Law of 2000); Copyright: Employer, if an employee has created a work within the scope of his/her duties resulting from the employment relationship, upon acceptance of the work, within the limits resulting from the purpose of the employment contract and the intention of the parties (Article 12 of Law on Copyright and Related Rights of 1994). |
Ownership of research results in publicly sponsored research | Where an invention, a utility model or an industrial design has been made by a creator with the assistance of an economic entity, the latter may enjoy the right to exploit the invention, the utility model or the industrial design in its own field of activity. In the agreement on the provision of assistance, the parties may stipulate that the mentioned right referred shall belong in whole or in part to the economic entity (Article 11 section 5 of Industrial Property Law of 2000) |
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually | Copyright: Unless the contract of employment states otherwise, the research institutions shall have the priority in publishing a scientific work when its employee created such work as a result of performing his/her duties under the employment relationship. The author shall have the right to remuneration. (Article 14 of Law on Copyright and Related Rights of 1994) |
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually | Copyright: No specific rules except that HEIs get a right of first publication of the final work of the student after 6 months after graduation. Possibility to modify this rule in internal HEIs regulation. (Article 15a of Law on Copyright and Related Rights of 1994) |
Related law (name & link) |
Poland