Who Owns Employee Inventions and Creations?
A key question for employers:
Who holds the intellectual property (IP) rights to inventions and creations developed by employees during their employment? At Expatlawyer.nl, we often advise employers on this important issue. In this article, we explain how ownership is determined and what you should arrange in employment contracts.
Creations made during working hours
Under Dutch law, the general rule is that creations made by employees during working hours, and within the scope of their job, typically belong to the employer. This is known as the employer's copyright (werkgeversauteursrecht). It applies regardless of whether the work was done at the office or at home, as long as it falls within the scope of the employee’s duties.
Court ruling: software developed by an account manager
This principle was confirmed in a subdistrict court ruling. An account manager had developed software during working hours, which was later used by the company. Even though software development wasn’t explicitly part of his job description, the court found that the activity was sufficiently related to his role. As a result, the copyright transferred automatically to the employer.
Include an IP clause in the employment contract
As an employer, it's important to ensure that your employment contracts include a clear clause about intellectual property rights. This clause can require the employee to transfer all IP rights, not just copyright, but also patent rights. This is particularly important for technical inventions or software developed in-house.
Conclusion
Creations made by employees during employment are often legally considered the property of the employer, especially when they are created within the employee's job scope. Including a strong intellectual property clause in employment contracts helps to avoid disputes and protect your business's rights.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Expatlawyer.nl is happy to think along with you if you have questions about the topic of employment law? Feel free to get in touch.
June 2025
