On 12 July 2022, partners Francesca La Rocca Sena and Elisabetta Berti Arnoaldi participated as speakers in the interesting Workshop Inventions and creations of employees and researchers: how to manage them? included in the Indicam’s Innovation Strategy training course.
Starting from the general principle that the creative act corresponds to the recognition of the author’s quality, while the business owner, who organizes the research and invests in it, is entitled to the right of economic exploitation, the different solutions articulated by the rules of the Industrial Property Code and the Copyright Law were outlined.
The solutions of the jurisprudence in the different cases of industrial inventions, works of design, works of photography, software and databases were then referred to, up to the very recent decision of the Supreme Court No. 19335 of 15 June 2022 referred to the specific problem of the belonging of the rights on source files in the case of graphic works executed on commission.
Finally, a consideration was referred to the possibility of bringing under this discipline also the questions of the attribution of entitlement of rights in the case of works made in collaboration with artificial intelligence.
The report raised keen interest by matching the purpose of providing useful indications to identify an effective protection of the subjective positions in contractual relations, both in the context of Business Research and Development and in the context of the Cultural Industry