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Intellectual Property Rights - Essay Example

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Intellectual property rights as a concept was first brought to light as back as 1867 in the North Germany Confederation, the constitution of which granted power over its intellectual property. The organization relocated to Geneva in 1960 and was established as World Intellectual Property Organization (WIPO) and treated as an agency of United Nations (Boldrin & Levine, 2008)…
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Intellectual Property Rights
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Intellectual Property Rights

Download file to see previous pages... If not then licensing of patents will have to be negotiated between the company and the laboratory. In such a scenario it is the internal agreement between the laboratory and the staff, students or post doc fellows which comes in effect. There might be a general agreement in place and specific agreement for the particular project might have to be executed including or excluding the right so people of the laboratory (Queen’s University IPR Guide, 2011) 2) Work for Pay – if the staff is specifically hired to follow directions of the laboratory coordinator or anyone else then they shall not be entitled to any IPR as it was not their genesis. They were just executors who acted on behalf of the director and did not contribute any cognitive inputs (NIT, Rourkela 2009) 3) Contractual work – if the project is work-for-hire, the employee or agency will retain the right to be identified as the creator of the IP but the right of commercialization and IP rests with the laboratory. In such cases the staff depending on the general agreement has the share of the IP benefit as the work was not indigenously developed by the laboratory. 4) Full time work – if any student or staff works in the laboratory full time or part time the rights to IP depends on the contract of employment. ...Download file to see next pagesRead More
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