Volume 8 - Special Issue of Intellectual Property Law                   Medical Law Journal 2015, 8 - Special Issue of Intellectual Property Law: 209-230 | Back to browse issues page

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Moeineslam M, Erfanmanesh M H. Allocation of Rights in Works Created by Contractual Relations or Employment. Medical Law Journal. 2015; 8 :209-230
URL: http://ijmedicallaw.ir/article-1-419-en.html
1- دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
2- مرکز تحقیقات اخلاق و حقوق پزشکی، دانشگاه علوم پزشکی شهید بهشتی، تهران، ایران
Abstract:  

Ownership of economic and moral rights of work to creator is the first assumption of any intellectual work. However, this assumption does not have any fix station about works created in employment agreements, and also academic works. In some legal systems (especially in common law countries such as United States of America) first principle is the allocation of rights to the employer/university, whereas in some other (Roman law systems), this assumption vice versa is true. Many employers in United States of America defined three models including work made for hire, substantial use of employer resources and contract to allocate rights to employer. Other method that is not so famous is joint ownership. It means division of rights between creator and employer/university.

Type of Study: Original Article |
Received: 2014/07/5 | Accepted: 2014/10/29

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