Theoretical and practical aspects related to intellectual property rights arising from the execution of the individual employment contract Cover Image
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Aspecte teoretice şi practice referitoare la drepturile de proprietate intelectuală născute în executarea contractului individual de muncă
Theoretical and practical aspects related to intellectual property rights arising from the execution of the individual employment contract

Author(s): Aurelian Gabriel Uluitu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: intellectual property rights; copyright; individual employment contract; author; employee; service work;

Summary/Abstract: The performance of the activity by the employee, based on the individual employment contract concluded with his employer, implies, mainly, the observation of the specific effects that this type of agreement generates in the plan of manifestation of the legal employment relationship. However, the practice of labor relations has shown that there are many situations in which, along with the actual content of the relationship between employer and employee, there may be effects that exceed, from a legal point of view, the regulatory framework applicable to individual employment. We refer to the situations in which either the actual activity of the employee falls within the sphere of manifestation of intellectual property rights, or his activity presupposes, along with other elements that outline the object of the contract, and landmarks specific to the birth and exercise of intellectual property rights. In this study, we aimed to highlight the legal solutions applicable to those circumstances in which the employee is, at the same time, the owner (or possible owner) of some intellectual property rights, as well as a number of aspects deduced from the practice of employment relationships, including some that have been brought before the Courts for settlement.

  • Issue Year: 2023
  • Issue No: 4
  • Page Range: 147-160
  • Page Count: 14
  • Language: Romanian