Transfer of Copyright Over the Work of Authorship and Computer Program (‘’Software’’) in Employment Relationship

Today, perhaps more than ever before, commercial use of Software is of great value. Software is often developed for licensing or sale to end users, or those serving a commercial purpose in an ever-growing market.

In the following article, our Partner Aleksandar Popović and Senior Associate Miloš Maksimović give a comprehensive insight into the subject and explain how the law defines authorship, copyrights, and software in relation to employment relationships, pointing out the importance of how the transfer of these rights between employer and the employee is regulated by the Serbian law.

Since the transfer of pecuniary rights over Software is explicitly regulated under the Law and the transfer of any other intellectual property rights and their exploitation is not directly provided under the Law, the best commercial and legal assessment would be detailed regulation under the employment contract, with intellectual property rights clause, where the transfer would be regulated thoroughly.

It is clear that an employment contract needs to be specific when regulating transfer, in order to avoid any possible disputes or interpretations due to the general rule under the Law, but also to secure a more solid and long-standing employment relationship as an environment for further creation of Software and other original creations.

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