Employees

Under the collective employment agreement (cao), Hanze is entitled to any intellectual property rights to results developed by an employee. What is important here is whether the result was developed within the scope of the work for Hanze (i.e. not whether this was done within or outside regular working hours and number of hours of appointment). This applies to teaching and support staff as well as to researchers.  

In April 2023, Richtsnoer Intellectueel Eigendom binnen hogescholen in de relatie medewerker - instelling (Guideline on Intellectual Property within Universities of Applied Sciences in regards to the relationship employee - institution, Dutch only) was drafted. This contains an overview of the applicable intellectual property law and the legal position therein of universities of applied sciences and the persons working for them.  

These may be employees who are employed by a university of applied sciences, but also, for example, freelancers, temporary employees or seconded employees. It is precisely the fact that all kinds of constructions and variants exist in this regard that makes the matter complex and creates the need for a national framework that can provide direction in this regard. The guideline also pays attention to open science/open access.

Salaried employees

Most of the employees of a university of applied science will be employed there under a labor contract. These employment contracts are governed by the cao-HBO. In regards to Intellectual Property Rights to works that employees produce within their jobs, the legal starting point applies, namely that the university of applied sciences is the party entitled to the IP rights created.  

Self-employed (e.g. experts/guest lecturers) via an Assignment Agreement

Here it concerns employees who are not employed by the college. One can speak of a principal and a contractor. The conditions under which the Assignment Agreement is entered into are decisive.

Seconded employees

An employee who is seconded to the institution (the hirer) has an employment contract with an external employer (the lender). It is advisable to lay down agreements on Intellectual Property in the secondment agreement between hirer and lender, with the agreement of the secondee.  

Temporary workers

How the Intellectual Property rights of an employee employed by a temporary employment agency are regulated depends on the agreements made between (1) temporary worker and temporary employment agency and (2) temporary employment agency and institution.