ZAŠTITA PRAVA INTELEKTUALNOG VLASNIŠTVA NASTALOG U OKVIRU RADNOG ODNOSA

Abstract

The general rule for regulating the position of the worker in relation to the employer, in cases where the worker is the creator of a certain intellectual creation, provides that the right to intellectual property of the worker created within the framework of the employment relationship belongs to the employer, with certain time and content limitations. The scope of the rights acquired by the employer, the time at which the transfer of rights was carried out or other rules governing the ownership of the intellectual property of the employee may differ, considering the type of intellectual property in question, the special provisions of the employment contract that the parties agreed or special provisions provided by legal instruments. These specific situations will be the subject of consideration in the paper from the perspective of law of Bosnia and Herzegovina, with reference to comparative solutions.