Page 107 - Zirnstein, Elizabeta, 2016. Izumi, avtorska dela in drugi rezultati ustvarjalnosti in inovativnosti delovnem razmerju. Koper: Založba Univerze na Primorskem.
P. 107
Summary
The monograph discusses the legal aspects of creativity and innovation in
the employment relationship. Results of creativity and innovation in the
employment relationship may be subject to the protection with intellectu-
al property rights (patent, industrial design, topography of semi-conductor
products, copyrights, plant varieties) or covered with professional secrecy.
These results include also technical and non-technical improvements and
useful suggestions. The topics, covered in this book, are subject to labour
law as well as intellectual property law. The basic purpose of this mono-
graph is a precise legal analysis of slovene regulation of creativity in inno-
vation in employment relationship and its upgrade with the tools of eco-
nomic analysis of law. Through a comprehensive analysis of the theory and
legislation, we are trying to answer the question whether the legal regula-
tion of creativity and innovation in employment relationship in Slovenia
motivates employees to create new ideas, solutions, and innovations. Legal
incentive to create and innovate can be the ownership of intellectual pro-
perty rights in the employment relationship, which can be awarded either
to the employer or to the employee, or in remuneration of employees. We
also emphasise the importance of an appropriate balance between the prin-
ciples of labor law and intellectual property law, and the specifics of deter-
mining the existence of an employment relationship in cases of employee
creations and inventions. A special attention is drawn to those legal provi-
sions that are unintelligible, ambiguous or open for interpretation. The le-
gal analysis is upgraded with the economic analysis of law. We argue that
the legal regulation of the allocation of rights deriving from employee
innovations is effective when patent, industrial design, topography of se-
The monograph discusses the legal aspects of creativity and innovation in
the employment relationship. Results of creativity and innovation in the
employment relationship may be subject to the protection with intellectu-
al property rights (patent, industrial design, topography of semi-conductor
products, copyrights, plant varieties) or covered with professional secrecy.
These results include also technical and non-technical improvements and
useful suggestions. The topics, covered in this book, are subject to labour
law as well as intellectual property law. The basic purpose of this mono-
graph is a precise legal analysis of slovene regulation of creativity in inno-
vation in employment relationship and its upgrade with the tools of eco-
nomic analysis of law. Through a comprehensive analysis of the theory and
legislation, we are trying to answer the question whether the legal regula-
tion of creativity and innovation in employment relationship in Slovenia
motivates employees to create new ideas, solutions, and innovations. Legal
incentive to create and innovate can be the ownership of intellectual pro-
perty rights in the employment relationship, which can be awarded either
to the employer or to the employee, or in remuneration of employees. We
also emphasise the importance of an appropriate balance between the prin-
ciples of labor law and intellectual property law, and the specifics of deter-
mining the existence of an employment relationship in cases of employee
creations and inventions. A special attention is drawn to those legal provi-
sions that are unintelligible, ambiguous or open for interpretation. The le-
gal analysis is upgraded with the economic analysis of law. We argue that
the legal regulation of the allocation of rights deriving from employee
innovations is effective when patent, industrial design, topography of se-
