For Degree or authorship of copyright publication,research should be performed by bonafides.For patents same ?
Many govt directors claim patents in their manes while they simply remain sleeping officers,arranging space and sometimes finance.But never even any professional suggestions,not to talk of experimentation or creative work.Then why all patents in govt Directors names?Is researcher/scientist a saleable commodity?
No, under current international law, the author or creator of a copyright, and the investor of a patent, are not determined by a factual, "bona fide" investigation, unless there is a dispute that is referred to the courts.
Instead, a copyright and/or patent is awarded to whomever "claims" to be the creator, under penalty of perjury. This means that the claimant risks criminal prosecution for a fraudulent filing.
As far as company representatives (directors and officers, for example) who claim copyrights and patents, even when they themselves have had no actual contribution, there is an important legal principle, which may be applicable to this situation and which is usually called "work for hire".
"Work for hire" means, briefly, that a company and employee can agree that, as a condition of employment, all copyrights and/or patents that are awarded for the employee’s work are the property of the company. In such cases, you are correct, in that the works of the "researcher/scientist [is] a saleable commodity".
Please remember that this rule applies only with the agreement of both the company and the employee(s). If researchers, scientists, writers or other creative persons do not want to give up their copyright and/or patents, then they must choose to work only for themselves or for companies that permit their creative employees to retain these rights.
We have cited below an explanation of the "work for hire" concept and statutory basis. Similar laws exist in all industrialized countries.
Hope this helps.
No, under current international law, the author or creator of a copyright, and the investor of a patent, are not determined by a factual, "bona fide" investigation, unless there is a dispute that is referred to the courts.
Instead, a copyright and/or patent is awarded to whomever "claims" to be the creator, under penalty of perjury. This means that the claimant risks criminal prosecution for a fraudulent filing.
As far as company representatives (directors and officers, for example) who claim copyrights and patents, even when they themselves have had no actual contribution, there is an important legal principle, which may be applicable to this situation and which is usually called "work for hire".
"Work for hire" means, briefly, that a company and employee can agree that, as a condition of employment, all copyrights and/or patents that are awarded for the employee’s work are the property of the company. In such cases, you are correct, in that the works of the "researcher/scientist [is] a saleable commodity".
Please remember that this rule applies only with the agreement of both the company and the employee(s). If researchers, scientists, writers or other creative persons do not want to give up their copyright and/or patents, then they must choose to work only for themselves or for companies that permit their creative employees to retain these rights.
We have cited below an explanation of the "work for hire" concept and statutory basis. Similar laws exist in all industrialized countries.
Hope this helps.
References :
http://www.copyright.gov/circs/circ9.html