Pitfalls and the Opportunities of Commercialising and Managing Co-Created Intellectual Property
Madelein Kleyn, Group Manager, Legal and Intellectual Property, Oro Agri International Ltd, USA
Intellectual property rights bestow certain rights upon the creator thereof. In particular the right of ownership.
In compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) minimum standards are set which allow Members to provide more extensive protection of intellectual property if they so wish. Members are left free to determine the appropriate method of implementing the provisions of TRIPS within their own legal system and practice.
In the context of most countries’ intellectual property laws, the rights of an inventor to a patent remain with the inventor, in the case of copyright works, ownership resides with the author/creator until ownership is assigned, or transferred by way of a written instrument to another . The moral rights of a copyright creator cannot be assigned, as these rights are personal.
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