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Webinar: 2025 1st IP Webinar on “Employee creations: Who owns the IP rights?

March 26

Gulf BPG, in collaboration with the UAE Ministry of Economy, Economic Service – French Embassy in UAE; French National Institute for Industrial Property (INPI) – France, AIPPI-UAE, Emirates IP Association (EIPA), hosted their first Intellectual Property webinar in 2025. The session brought together experts to discuss thoroughly one of the most debated IP topics: The ownership of intellectual property creations by employees.

Key Insights from France and Europe

Mr Frédéric Glaize (Plasseraud IP, France) explained that, under French and EU law, copyright generally belongs to the creator, with important exceptions for software developed under employment duties. Design rights in the EU are typically vested in the employer, and France is aligning its national law accordingly. For patents, he outlined three categories:

  • Mission inventions: directly linked to employees’ duties, owned by the employer.
  • Attributable non-mission inventions: created using company resources; the employer may claim ownership, but additional remuneration is due to the inventor.
  • Personal inventions: created outside work and without company resources, owned by the employee.

Key Insights from the UAE

Dr. Hemida Abdelati (Axiom Mark IP, UAE) highlighted that in the UAE and many Middle Eastern countries, the general rule is that economic rights belong to the employer if creations are made during employment or using company resources. However, moral rights (authorship) always remain with the employee. He emphasized the decisive role of employment contracts, NDAs, and assignment agreements, noting that the UAE Patent Office accepts an employment contract as a substitute for an assignment deed in filings, reflecting the presumption that employee inventions transfer to the employer.

Practical Recommendations

Both speakers stressed that clear, precise contracts are essential to avoid disputes. Employers should establish IP policies, educate employees, and review agreements regularly. Employees, on the other hand, should carefully review contract clauses, keep detailed records of their creations, and seek expert advice before signing agreements.

Q&A Highlights

  • Remote work raises new challenges, but also creates evidence trails (emails, logs) that can support employer claims.
  • Cross-border scenarios add complexity, with international conventions playing a role.
  • Courts may interpret laws differently; therefore, written agreements remain the most reliable safeguard.

This engaging session concluded with a strong message: proactive contracting and documentation are the key to balancing creativity and business protection in today’s innovation-driven economy.

Details

Date:
March 26
Event Category: