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Employment-related objects of intellectual property

An invention, utility model or industrial design shall be deemed to be a work made for hire if they refer to employer’s activities provided that such works have been created by an employee as part of his/her job, or as a result of a particular assignment given by the employer, or created by an employee with the use of experience and resources of the employer.

The exclusive right to a work made for hire belongs to an employer unless otherwise provided by the contract between the employer and the author of the work.

An employee who created a work made for hire shall notify the employer in writing. If within the period of three months from the date of notification, the employer does not file an application to the patent authority, does not notify the employee about keeping the work in secrecy or about the transfer of rights to obtain a patent to another person, then the right to obtain a patent passes on to the employee. In this case, the employer has the right to use works made for hire under the conditions defined by a license agreement.

If the employer receives a patent for a work made for hire or takes a decision on keeping the work in secrecy or a decision on transfer of rights to obtain a patent to another person, or if the employer does not receive a patent due to reasons under his/her control, the employee has the right to remuneration. Remuneration is paid in the amount and under the conditions defined by the agreement between the parties.

In the cases provided for in the agreement between the employer and the author (if the exclusive right to a work made for hire belongs to the employer), the author (heirs of the author) has the right for remuneration for the use of the work. In the absence of the agreement between the parties on the amount and conditions of payment of the remuneration, the terms and conditions of payment as well as the minimum level of remuneration are determined by the Council of Ministers of the Republic of Belarus.

If the employer does not start to use a work made for hire or does not transfer the exclusive right for the work to another person within five years from the date when the employer obtained the exclusive right to the work, the exclusive right passes on to the author unless otherwise provided by the agreement between the employer and the author. 

After the liquidation of an employer - legal entity, as well as in the event of death of an employer - individual with no heirs, the exclusive right to a work made for hire automatically passes on to its author, in the case of death of the author - to his or her heirs in accordance with legislation.

The author of a work made for hire cannot impede public disclosure of the work by the employer, as well as implement his/her right of withdrawal.

The employer that has the exclusive right to a work made for hire, has the right to indicate his/her name (name of a legal entity) or the right to request such an indication.

The employer that has the exclusive right to a work made for hire, has the right to make changes, reductions and additions thereto, which are necessary to adapt the work to specific conditions of use, without prior consent of the author unless otherwise provided for in the agreement between the employer and the author. Besides, the employer is obliged to indicate in the work the adaptation that has been introduced.

We are ready to offer you our services in the development of Work Made for Hire Agreements, agreements on transfer of rights to such works, as well as the development of internal regulations that govern the relationships between the author and the employer with regard to creation and use of works made for hire.

 

Koubriakov, Tseliatsitskaya & Partners, Ltd.   220004 Minsk , avenue Pobediteley, 17, of. 1015, Republic of Belarus.    Tel/Fax: (017) 226 99 34.  License for rendering of legal services No. 02240/1410 issued by the Ministry of Justice of the Republic of Belarus  pursuant to the decision No. 181/1 dated November 29, 2013/span>

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