Upphovsrätt i anställningsförhållanden ; Intellectual property in employment relationships

The purpose of this essay is to examine the legal position, as well as to clarify how intellectual property in employment relationships are regulated. The result of the absence of legislation means that the contract between employer and employee are crucial. The purpose of this essay is therefore, to declare the contract and how it is interpreted in order of the intellectual property and to delineate for whom the rights belongs. To answer the question formulation of this essay, it follows the legal dogmatic method, in order to determine how the tribunal adjudge, jurisdiction has been examined. The jurisdiction has therefore been one of the primary source of law along with the judicial doctrine which for a long time have discussed the concerns of this question because of the limited amount of legislation. The fact that employee’s produce intellectual property within his och hers employment is common. In general the rights which follows are accruing to the creator, pursuant to URL. Even the exclusive right, consisting of the moral rights and the economic rights belong to the originator. Although the circumstances are different when an employee’s creation is an result of a task, within the employer’s normal scope of practice. To be an employee includes some obligations, for instance, fulfill the tasks given by the employer. The legislation is weak and it is alone designate the intellectual property in terms of computer programs, thereby the rights accrue to the employer. Because of the inadequate legislation, employers and employees do not have any guidance to rely on. Since the judicial area is dispositive, the rest of industry have the opportunity to constitute their own terms of agreements. The contracts can be a collective bargaining agreement, framework agreement or similar, within the rights of the intellectual property should be stipulated. In accordance with an detailed description of which parts of the intellectual property to be proceeded to the employer. The principle mean that exclusively the ...