Ownership of IP rights in employment contracts
Compensation due to employees


Ownership of IP rights in employment contracts

The party that owns the IP rights in employment contracts depends on the type of intellectual property concerned.

Patents
The rights to a patent covering an invention created by an employee during the course of employment belong to the employer when the employee's work concerns inventive activities.

Trademarks
The rights to a trademark belong to the person who registers it at the Peruvian Trademark Office.

Copyright
The ownership of copyright is governed by the agreement between the parties. It is important to establish who will own the economic rights in employment contracts.

In the absence of express contractual stipulations, the economic rights over the work belong to the employer.

Compensation due to employees

For works covered by copyright or a trademark created during the course of employment, no compensation for employees is established.

However, in the case of inventions, Legislative Decree 1075 states that the employer must assign to the employee adequate compensation if the employee's personal contribution to the invention exceeds the explicit or implicit objectives of the employment or service contract or relationship. The employment contract must stipulate the amount of compensation due, as well as how and when it will be paid.

For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 502 6467 or +51 635 0641) or email ([email protected]). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.