Creations produced in the context of a working relationship or on in execution of an order are two specific situations that are dealt with in a similar way in terms of intellectual rights. For employment contracts, the creation is always produced as part of a subordinate relationship - an employee/worker works under the authority of his employer - whereas in the case of an order, collaboration or research and development, the creation was produced by someone (a person, design bureau, etc.) in an independent position in relation to the commissioning party. 

Belgian intellectual property laws have specific solutions to these two situations - depending on the intellectual property right involved. Where the law does not provide fort this, it is advisable, in th interest of legal certainty, that the issue of the ownership of the rights to creation be set out in a contract. This recommendation for a clear, explicit contractual arrangement also applies even when the law governs the situation.

Last update
23 February 2024