Venezuela

Default (statutory) regime for the ownership

Regime of the first applicant

Default (statutory) regime for employee’s creations

Copyright: Employer, unless agreed otherwise. With regard to industrial property the subject is not provided for in specific legislation, but reference should be made to labor regulations - Labor Law, Workers and Women Workers - Articles 320-329.

Ownership of research results in publicly sponsored research

The issue is not provided for in specific legislation, but reference should be made to labor regulations. According to Labor Law, Workers and Women Workers (Article 325), intellectual property which is created in course of employment relationship at public institutions, or if financed from public funds, is considered to be public domain; the author shall have the right to public acknowledgement.

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

There are no specific rules, except for the already provided considering employment relationships and publicly sponsored research. However, universities are entitled to establish their own rules for and sign agreements with their teaching staff, research staff and work staff. For example, Universidad de los Andes: Agreement governing the relationship between the University of the Andes and its Teachers and Staff Research

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

There are no specific rules, except for the already provided considering employment relationships and publicly sponsored research. However, universities are entitled to establish their own rules for and sign agreements with their teaching staff, research staff and work staff. For example, Universidad de los Andes – Agreement governing the relationship between the University of the Andes and its Teachers and Staff Research

Related law (name & link)

Law on Copyright of 1993, Article 59

Labor Law, Workers and Women Workers, Articles 320-329