I. Who belongs to the designer's intellectual property rights for the company
The attribution of the intellectual property rights of a designer to a company is not general, but is based on the resources used in the design and the circumstances。
1. When the designer designs the works for the company, if the material and technical conditions of the company are used primarily and if the responsibility for such works, such as engineering designs, product designs, etc., lies with the company, the other rights in the copyright of these works (other than the right to sign) will be vested in the company, which will have the right to give priority to their use within the scope of its business。
At the same time, the company may offer incentives to designers。
Ii. Copyright issues for designer works
The titles are those created by designers in the course of their work for the company, and the copyrights for the work fall into two categories:
1. Copyright rights are vested in the author himself, but the company is entitled to preferential use within the scope of its business and, within two years of completion of the work, the author may not permit a third person to use the work in the same manner as the company without its consent。
2. Copyright is vested in the company and authors have only the right to be signed and to be rewarded. This includes, inter alia, works that are mainly created by the company's material and technical conditions and for which the company is responsible, as well as works for which the law, administrative regulations or contractual rights of writing are vested in the company。
Iii. Attribution of corporate resource creations
1. When designers use corporate resources to create work, the attribution of such work is often closely linked to the business needs of the company and the actual circumstances of the creation process。
2. If the works are created primarily using the material and technical conditions of the company and the company assumes responsibility, they are likely to be considered as work of office and other rights in the copyright of the company will be vested in the company。
3. Even if, in some cases, the authorship of a work is vested in the designer, because of the use of corporate resources in the creation process, the company may have the right to give priority to the use of the work within the scope of its business。
The law express reminds that when designers use corporate resources to create their work, the relationship of rights and obligations should be clarified in order to avoid unnecessary subsequent disputes。
