Huwebes, Nobyembre 28, 2013

Ownership of Copyright

SECTION 178. Rules on Copyright Ownership. — Copyright ownership shall be governed by the following rules:

178.1. Subject to the provisions of this section, in the case of original literary and artistic works, copyright shall belong to the author of the work;
178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created;
178.3. In the case of work created by an author during and in the course of his employment, the copyright shall belong to:
a. The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
b. The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.




If the employee was Able to Develop or Design a Patentable Inventions During the course of his Employment Using the Facilities and Materials of his Employer,Who shall Own the Patent?

SECTION 30.2 reads:
In case the employee made the invention in the course of  employment contract,the patent shall belong to:
30.2. In case the employee made the invention in the course of his employment contract, the patent shall belong to:
a. The employee, if the inventive activity is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.

b. The employer, if the invention is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.

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