Title: Intellectual property from a labour law perspective: the transfer of authors' rights in labour relationships

Authors: Francisco Agustín Rodrigo-Sanbartolomé

Addresses: University of Valencia, Av. Blasco Ibáñez, 13, (46010), Valencia, Spain

Abstract: This article analyses Spanish intellectual property law to establish whether formalised employment contracts are associated with the transfer to employers of the economic rights to works created by employees. This analysis is limited to the legal treatment of employee-created literary, artistic and scientific works, which are subject to authors' rights and are protected by intellectual property law. The study does not include inventions created in a labour relationship, which are regulated by legislation on patents and brands, and are thus dealt with differently according to industrial property rights.

Keywords: employee intellectual property; Spanish labour law; employee rights; labour contract; labour relationship; intellectual property.

DOI: 10.1504/IJIPM.2020.108098

International Journal of Intellectual Property Management, 2020 Vol.10 No.2, pp.174 - 179

Received: 12 Aug 2019
Accepted: 06 Sep 2019

Published online: 18 Jun 2020 *

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