If a design was created by an employee or official in the course of his employment, then the employer is considered to be the creator, unless agreed otherwise.

Designs can also be protected by copyright - if they are "original". The opposite rule applies to copyright, as it is the creator who retains copyright. The legislator wanted to avoid conflict between these two conflicting rules, stating that if an original design was created by an employee during the course of his employment, the copyright belonged to the employer as well.

If a design was created on request, the person who made the order is presumed to be the creator, provided that the order was made with a view to the commercial or industrial use of the product that includes the design. However, this provision does not apply, if the commissioning party and the person who created the design have agreed on a different arrangement.

Last update
6 January 2022