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  • Intellectual property framework

    Overview

    Intellectual property is a right protected by the Constitution of the Republic of Angola. The fundamental intellectual property framework in Angola is provided in 2 main acts: the Legal Regime for the Protection of Copyright and Related Rights and the Industrial Property Law.

  • Commercial contract framework

    Overview

    Angolan law lays down a general principle of contractual freedom, which means that parties are mostly free to establish the terms and conditions to be observed by the contracts they enter into (exceptions are made to mandatory rules legally imposed which will depend on the specific contractual relationship) and are entitled to enter into contracts provided for in the law, but also into contracts that are not provided for in the law.

    Angolan law does not establish a unitary act or set of rules applicable to all commercial contracts. Depending on the specific contractual relationship, commercial contracts may be subject to the provisions of the Civil Code, Commercial Code, Copyright and Related Rights Law, and the Industrial Property Law as well as other specific legislation.

    The aforementioned set of rules changes according to the specific contract in question.

  • Copyrights

    Nature of right

    Copyright covers original literary, scientific and artistic intellectual creations, or works. Registration is not required for the acquisition or maintenance of copyright rights; however, there are certain specific copyright-related acts subject to registration in order to be valid.

    In Angola, copyright comprises economic and moral rights.

    In the scope of economic rights, copyright owners have the exclusive right to use, enjoy and dispose of their work, or to authorize the use of the work, wholly or in part, by third parties.

    Moral rights consist in the right to claim authorship of the work, as well as the right to ensure its genuineness and integrity.

    Legal framework

    Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

    Duration of right

    As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

    In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

    For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

    Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

    Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

    Ownership / licenses

    Moral rights are inalienable.

    The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

    Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

    Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

    Please note that the assigns are only effective against third parties when registered.

    Remedies for infringement

    The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

    The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

    When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

  • Mask works / topographies

    Nature of right

    Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.

    Legal framework

    Angolan has enacted no specific rules on protection of mask works or topographies. Although Angola is part of the WTO and has approved the TRIPS Agreement, it has not yet implemented any rules on mask works or topographies protection.

    Semiconductor technology, generally, and topographies, in particular, may be protected under the traditional intellectual property rules applicable to all types of technology, particularly patent law and the rules on confidential information. Therefore, matters such as the duration of the relevant rights, ownership and remedies depend on the type of protection used in connection with each specific mask work or topography.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

     Not applicable for this jurisdiction.

    Remedies for infringement

    Not applicable for this jurisdiction.

  • Patents

    Nature of right

    Patent rights cover new inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

    An invention shall be considered new if it does not form part of the state of the art, which comprises everything, inside or outside the country, made available to the public by means of a written or oral description, by use, or in any other way, before the date of filling of the patent application.

    An invention shall be considered involving an inventive step if it is not obvious to a person skilled in the art.

    An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture, fishing and handicraft.

    A national patent confers on its owner the exclusive right to exploit the patented invention in Angolan territory.

    Legal framework

    Patents are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 2 to 14)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
    • Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Duration of right

    Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

    Ownership / licenses

    Patents can be transferred in writing, by means of public deed, whether or not for financial reward.

    Patents may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses shall be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

  • Trademarks

    Nature of right

    A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

    • Nominative: when constituted by letter(s) or word(s)
    • Figurative: consisting of figures or images and
    • Mixed: when it includes a combination of figures and words or letters in its constitution.

    The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

    Legal framework

    Trademarks are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 29 to 40)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

    Duration of right

    National trademark registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.

    Ownership / licenses

    Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

    Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

  • Trade secrets

    Nature of right

    Trade secrets are not protected as property in Angola. However, the Angolan Industrial Property Law, in the chapter related to Crimes of Unfair Competition, characterizes as crimes certain conducts involving the unauthorized use of trade secrets. As a result, there is legal protection against the violation of trade secrets.

    Legal framework

    Trade secrets are addressed in article 73 of the Angolan Industrial Property Law.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

    Not applicable for this jurisdiction.

    Remedies for infringement

    Remedies available for infringement of trade secrets can include criminal remedies (imprisonment and monetary fine) and civil remedies (injunction to prevent the continuation of infringements and damages).

    Trade secret violation is punishable with a fine, if a more serious sanction does not apply by applying the provisions of the penal code and Law No. 9/89 (Law on Crimes Against the Economy).

  • Other key IP rights

    Nature of right

    Design

    Industrial design means any new arrangement or set of lines or colors that, for industrial or commercial purposes, can be applied to the ornamentation of a product by any manual, mechanical, chemical, simple or combined process.

    The registered design confers to the owner the right to prevent third parties that do not have their consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

    Industrial designs

    Industrial designs

    Legal framework

    Design

    Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

    Duration of right

    Design

    Designs registrations remain valid for 5 years starting from the date of filing of the application and may be renewed for 2 consecutive times of 5 years each.

    Ownership / licenses

    Design

    Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Design

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a registered design may be punishable with a fine.

  • Intellectual property in employment context

    Employees

    As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

    The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

    Consultants / contractors

    In principle, consultants and contractors will retain ownership of the intellectual property developed by them, unless otherwise agreed by the parties or provided for in the law.

  • Key commercial contract considerations

    Registration of commercial agreements

    There are no general registration requirements for commercial contracts under Angolan law; however, certain exceptions may arise. Furthermore, Industrial Property Rights licenses are subject to registration within the Angolan Industrial Property Institute (IAPI) in order to be enforceable against third parties.

    Recognized language of commercial agreements

    There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.

    Country-specific issues for online content

    Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

    Enforceability of online/clickwrap/shrinkwrap terms

    Contracts may be concluded electronically, provided that it does not affect its validity or effectiveness due to the use of this medium. Please note that general contractual clauses requiring electronic conclusion of consumer contracts are prohibited.

    The provider shall make available to the recipients, before the conclusion, unambiguous minimum information including (i) the contract conclusion process, (ii) whether or not the contract is stored by the service provider and accessibility by the recipient, (iii) the language or languages in which the contract may be concluded, (iv) the technical means which the provider makes available so that errors of introduction which may be contained in the order form may be identified and corrected, (v) the contractual terms and general clauses of the contract to be concluded, (vi) the codes of conduct subscribed and information on how to consult them electronically  and (vii) the effective technical means which allows the recipient to identify and correct inserted errors.

    Governing law

    The interpretation and enforceability of contracts is a matter of governing law. The choice of law by the parties is accepted as a general principle, except when otherwise provided for by law; please, however, note that, in certain cases, there are rules of mandatory application – for instance, in the scope of contracts concluded with consumers.

  • Key commercial contract terms

    Enforceability of warranty disclaimers

    This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

    Enforceability of exclusions/limitations of liability indemnification

    As general rule, the enforceability of exclusions or limitation of liability is limited under Angolan law. According to civil law, limitation of liability or exclusion of liability concerns the grounds of liability itself and the damages and losses. The law is not absolutely clear when dealing with the matter; therefore, some hold the opinion that the law does not prevent clauses limiting or excluding liability for acts of mere negligence, while others suggest that all clauses of exclusion or limitation are completely null and void.

    Indemnification

    Indemnification clauses in contracts are, in principle, enforceable, but may be subject to restrictions provided for in the law. It is relatively common to stipulate in commercial agreements that the indemnifying party will indemnify and hold harmless the other party against claims of third parties related to the subject matter of the agreement.

    Electronic signatures

    According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

  • Key contacts
    Murillo Costa Sanches
    Murillo Costa Sanches
    Of Counsel DLA Piper [email protected] T +351 213 583 659 View bio
    Joni Garcia
    Joni Garcia
    Associate DLA Piper ADCA Angola [email protected] T +244 926 612 525

Copyrights

Ownership / licenses

Angola

Moral rights are inalienable.

The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

Please note that the assigns are only effective against third parties when registered.

Argentina

The basic rule is that ownership belongs to the author. Special rules have been developed in connection with special types of works, such as cinematographic works, derivative works and software.

There are several types of joint ownership. It may apply to works done through cooperation, which imply a creative collaboration between different authors; to collective works, which are those created through the initiative or direction of one or more individuals, who coordinate or direct the efforts of several other individuals to achieve a joint result; and to composite works, which are the result of adding different separate works, each with a possible separate author and owner, into one final result.

Works created by employees who have been hired for that purpose belong to the employer.

Copyright may be subject to licenses, generally as part of broader contractual arrangements, such as publishing agreements.

Australia

Co-ownership of an original work is recognized where the work has been produced by the collaboration of two or more authors and in which the contribution of each author is not separate from the contribution of the other author(s). Subject to a written agreement to the contrary, all co-owners of copyright must consent to the licensing of the copyright by any other joint owner.

An owner of a copyright may grant a license over some or all of the owner's rights. Statutory licensing schemes operate to allow certain copyrights to be used without the permission of the copyright owner, but this is conditional on the payment of equitable remuneration for that use, or a fair dealing exception applies. An owner can also assign their copyright or future copyright to another person.

Austria

The owner of a copyright can only be a natural person or his or her successor; a legal entity may only be a licensee. The right as such is not transferable (except in case of universal succession, ie, inheritance), the author may license only one, more, or all exploitation rights (eg, right to reproduce, right to distribute, right to make the work available, right to emit); personality rights (eg, right to be named as author) are in principle not transferable or limitable.

Joint ownership of copyrights is recognized.

Belgium

Only natural persons (individuals) who have created a work may enjoy the status of an author, even where an author is an employee. In this latter case, the economic rights may be assigned to the employer on the condition that such assignment is expressly agreed in writing and that the creation of the work falls within the scope of the employment agreement. However, there are some statutory presumptions, such as those regarding the assignment of economic rights in computer programs, that automatically favor employers (unless provided otherwise).

Title 5 (Copyrights and Neighboring Rights) also includes a rebuttable presumption of authorship; the author is presumed to be the person shown as such on the work by virtue of the mention of his or her name or the appearance of another sign that enables his or her identification.

Persons collaborating directly towards the creation of a work become co-authors.  Their copyright is indivisible. In these situations, the exercise of the right of co-authors is governed by agreement. Failing such agreement, no author may exercise this right in isolation, unless a court decision provides otherwise in case of a dispute. In situations in which the contributions of the authors may be individually identified, those authors may not, unless they agree otherwise, market their work in conjunction with new collaborators. However, they do share the right to exploit their contribution in isolation provided that such exploitation does not harm the joint work.

Contrary to the author's moral rights, which are, in principle and as a whole, non-transferable and inalienable, the economic rights are freely assignable, transferable and licensable (on an ordinary or exclusive basis), in whole or in part, in accordance with the provisions of the Civil Code and the Code of Economic Law.

Brazil

An author is, as a rule, the individual who has created the work. Corporate entities may be considered authors in case of collective works and if they are editors or producers of audiovisual works. Joint authorship of works is recognized.

Assignment and licenses of rights should always be made in writing. Definitive assignments must be in writing. If not made in writing and differently foreseen, the term of assignment/license will be of five years. The assignment is valid only for the specified country; assignment and license agreements will always be interpreted restrictively and may be granted only for existing media.

Assignment of rights of authorship in and to works created in the future may be granted for a maximum of five years.

Canada

Ownership of copyright can be assigned or licensed. A valid assignment of rights must be in writing and signed by the owner. Licenses may be implied.

Subject to certain exceptions, the author of a work, maker of a sound recording, performer of a performer's performance, or broadcaster of a communication signal is the first owner of copyright. Exceptions include where the work is made in the course of employment, in which case the first owner of copyright is the person by whom the author was employed, or where the work was prepared by or under the direction of the Crown, in which case copyright belongs to the Crown.

Joint ownership is recognized where the work is jointly authored.

Chile

The author can grant the right to use, reproduce, distribute, prepare derivative works, publicly perform and publicly display the work, either free of charge or subject to payment of a license fee.

China

As a general principle, the author who creates the work owns the copyright in the work. In the absence of evidence to the contrary, the citizen, legal person or other organization that puts their name to a work is the author of the work.

Joint ownership of copyrights is recognized.

The copyright in a commissioned work shall be vested in the commissioned party unless it is agreed otherwise in writing.

Colombia

The ownership of the work and the corresponding rights come into existence upon creation. Registration is not required to validate the copyright; nevertheless, it fulfills the publicity requirements and constitutes a suitable means of evidence of the right. However, if the economic right has been transferred, such transfer will only be enforceable against third parties once it is registered by the National Right Office. Otherwise, the rights will remain with the author or the previous registered assignee (Oficina Nacional de Derechos de Autor).

Law 1450 of 2011 states that the transfer of copyrights can be limited regarding the methods of exploitation, the time and the territory as provided in the corresponding agreement. If the agreement does not determine the time and the territory regarding which the transfer is made, the law assumes that it is limited to 5 years and to the country where the transfer is consummated. Moreover, this kind of agreement shall be executed in writing and any clause that transfers copyrights in whole or in such way that future production is not determinable or compels to restrict it will not be enforceable.

Joint ownership of copyrights is recognized when the contributions of each author is significant and cannot be determined. Contribution of separate ideas does not constitute a collaborative work. Joint ownership implies that the right of repentance and the right to modify the work must be exercised jointly by the authors. Thus, authors must agree on the changes that will be introduced to the work.

Czech Republic

Joint ownership of copyrights is recognized; the co-author's share of the profit can be modified by an agreement between the co-authors. Statutory and implied licenses are recognized.

Denmark

The author owns the work. Joint ownership of copyrights is recognized. The copyright of the author can be transferred via license.

Ideal rights cannot be fully transferred. The author’s ideal rights consist of 1) the author’s claim to reputation and 2) the right to ensure that that no changes detrimental to the author’s reputation or character were made to the work.

Finland

Copyright is considered to consist of moral and economical rights to the work, of which the latter can be freely transferred or licensed, wholly or partially. Moral rights such as authorship cannot be transferred. Joint ownership of copyrights is recognized.

France

There are no formal requirements for copyright protection.

Copyright cannot be registered in France, but a work can be filed (in an enveloppe Soleau or E-Soleau) at the French Intellectual Property Office (INPI) or with a trusted third party to secure the date of the creation (and, to a lesser extent, proof of existence and authorship).

Under French law, copyright is, by principle, vested in the author upon creation of the work.

Only economic rights are assignable. Moral rights are inalienable and belong to the author perpetually.

Assignment of copyright by the author must comply with the stringent requirements of Article L. 131-3 of the French Intellectual Property Code, which provides that the assignment agreement must expressly mention all and any rights assigned (eg, right of reproduction, right of representation and communication, adaptation or translation) together with their associated scope and span.

Germany

Joint ownership of copyrights is recognized.

As a general rule, copyright is not transferable, unless in execution of a testamentary disposition or to co-heirs as part of the partition of an estate. However, the author may grant a right to use the work in a particular manner or in any manner (exploitation right). An exploitation right may be granted as a non-exclusive right or as an exclusive right. A transfer or termination of an exploitation right does not affect the effectiveness of a thereof derived exploitation right. In joint ownership, exploitation rights may be granted only with the consent of other rights holders.

An exploitation right may be transferred only with the author's consent. The author may not unreasonably refuse his consent.

Hong Kong, SAR

Joint ownership of copyrights is recognized. A license of copyright is a contractual right or permission from the copyright owner to do certain acts otherwise prohibited under the Copyright Ordinance. The license can be exclusive or non-exclusive. An exclusive licence has to be in writing and signed by or on behalf of the copyright owner.

Hungary

According to the Hungarian Copyright Act, a work protected by copyright may have several authors. There are three categories for joint works:

  • Joint works (when the parts of such work cannot be used independently)
  • Connected works (if the parts of a joint work can be used independently)
  • Jointly created works (the right holder of such work is a natural person or legal entity who initiated and coordinated the creative process of a work where the authors' contribution to the work and their rights respectively cannot be separated from each other)

India

Joint ownership of copyrights is recognized where a work has been produced by the collaboration of two or more authors and where the contribution of one author is not distinct from the contribution of the other author(s).

Implied licenses are usually not recognized in India, since the Copyright Act clearly requires that a license be granted in writing, by the owner of the copyrighted work or his duly authorized agent. Further, where the term and geographical extent of the license is not clearly specified, the Copyright Act creates an assumption that the license has a term of 5 years and is applicable only within the territory of India.

Indonesia

Copyright law regulates provision regarding collective management institutions, which is an institution in the form of a non-profit legal entity authorized by the creator, copyright holder and/or relevant right holder to operate its economic rights in terms of collecting and distributing royalty. A collective management institutions must obtain operational license from the government. Copyright law also regulates that a copyright can become the object of fiduciary security.

A copyright holder has the right to give a license to a third party based on a licensing agreement to publish and/or reproduce the creation subject to the copyright, and to grant permission for third parties to publish and/or reproduce that creation. Based on Minister Regulation No. 8, copyright license agreement must be duly recorded and the application for recording can be made electronically or in paper format. The recording is valid for a duration of five years and can be renewed. Minister Regulation No. 8 requires that copy of the copyright license agreement, proof of ownership of copyright, original of special power of attorney and proof of payment to be submitted. Applicant is also required to provide a statement letter stating that the object of the license agreement is still valid, will not cause any losses to the national economy interest, will not inhibit the development of technology and not in conflict with the laws and regulations, morality and public order.

Ireland

Under Irish law, copyright may be held jointly between two or more authors or creators.

There are no restrictions on assignment (transfer) or licensing of copyright works under Irish law. However there are a number of formalities set out in copyright law which must be adhered to.

Israel

The author of a literary, dramatic, musical or artistic work, or the producer of a sound recording, is the first owner of copyright in the work or sound recording, respectively. The employer is the first owner of copyright in a work created by an employee during and as a result of his or her employment. 

Licenses can be granted by the copyright owners and by licensees authorized to grant sub-licenses. There is no need to record such licenses with any authority. An exclusive license or a transfer of copyright must be in writing but this does not apply to non-exclusive licenses.

As for moral rights, these are personal and cannot be transferred (although it is generally accepted that they can be inherited), nor do they belong to the employer in an employer/employee relationship. There is no moral right in software.

Italy

Transfer of the ownership (economic rights) is allowed and must be in writing.

Generally speaking, the transfer of 1 or more copies of a copyrighted work does not entail the transfer of the copyright, unless differently agreed. It is considered, however, that the transfer of a mold or of any other means capable of reproducing the work implies the transfer of the copyright over the work, unless differently agreed.

Joint ownership of copyright is recognized with regard to joint works and collective works.

Japan

Exercise of a jointly owned copyright requires consent from the other joint owner(s) of the copyright. However, each joint owner cannot withhold consent without reasonable grounds.

Exclusive and non-exclusive licenses, as well as transfer of copyright are recognized. Moral rights are not transferrable and not waivable.

Luxembourg

Only natural persons (individuals) who have created works may enjoy the status of an author, even where an author is an employee. However, there are some presumptions, such as those regarding the assignment of economic rights in computer programs, that automatically favor employers.

The Copyright Law includes a rebuttable presumption of authorship; the author is presumed to be the person under whose name the work is being disclosed.

Persons collaborating directly on the creation of a work become co-authors. Their copyright is indivisible. In these situations, the exercise of the right of co-authors is governed by agreement. Failing such agreement, no author may exercise this right in isolation, unless a court decision provides otherwise in case of a dispute. In situations in which the contributions of the authors may be individually identified, those authors share the right to exploit their contribution in isolation provided that such exploitation is not done together with the contribution of another co-author and does not harm the joint work.

The economic rights of the author shall be freely assignable and transferable, in whole or in part, in accordance with the provisions of the Civil Code. In particular, they may be the subject of alienation or of an ordinary or exclusive license.

A specificity of Luxembourg copyright law is that it also allows the author to assign or transfer, in whole or in part, his or her moral rights to the extent that it is not prejudicial to his or her honor or reputation.

Mexico

In order to perfect ownership of a copyright, the author must register their work with the National Institute of Author Rights (Instituto Nacional del Derecho de Autor).

Titleholder of the economic rights of the copyright may grant exclusive or non-exclusive licenses to third parties, as well as transfer their rights.

All transfers shall be conducted against valid consideration and on a non-perpetual basis.

Licenses and transfer of copyrights shall be evidenced in writing and shall be registered with the National Institute of Author Rights.

The copyrights related to broadcasting work are limited by the signal retransmission obligation for broadcasting concessionaires set forth in the Federal Telecommunications and Broadcasting Law.

Netherlands

The Copyrights Act of 1912 provides a rebuttable presumption of authorship: the author is presumed (unless proven otherwise) to be the person identified by name on the work by virtue of the mention of his company name or the appearance of another sign that enables his identification.

Persons collaborating directly in the creation of a work become co-authors. The right of exploitation belongs to the authors together. In these situations, the exercise of the right of co-authors is governed by the rules regarding community (which is regulated in the Dutch Civil Code).

While an author's moral rights are in principle non-transferable and inalienable, an author's economic rights can be assignable and transferable, in whole or in part. The assignment of the copyrighted work and the grant of an exclusive license requires a written deed. The assignment or license will comprise only such rights as are recorded in such deed or necessarily derive from the nature or purpose of the title. The works transferred must be sufficiently determinable. If the author is a natural person they have the right to terminate the assignment agreement or a license if the work is not sufficiently exploited within a reasonable time by the assignor or the licensee. The assignment or license of a copyright of a not yet existing work is possible but voidable if the author of the work is a natural person.

The author (natural person) who grants a license is entitled to a fair remuneration. If the work is exploited in a way that was unforeseen at the moment the license was granted, the author (natural person) can be entitled to an additional remuneration. These rights can be invoked against third parties – such as third-party assignees.

Authorization given by the author of a work protected by copyright to a third party to file a design in which that work is incorporated, must imply the assignment of the copyright attached to that work insofar as it is incorporated in the design. The party filing a design will be presumed also to be the owner of the copyright relating thereto; this presumption does not, however, apply in respect of the actual author of the copyrighted work or his beneficiary. The assignment of the copyright relating to a design will result in the assignment of the right in the design and vice versa.

New Zealand

The copyright owner can assign or license some or all of their copyright rights to another person. Moral rights may not be assigned, but these can be waived in certain circumstances and acts that would infringe moral rights can be consented to by the holder of the rights.

Joint ownership of copyrights is recognized and arises automatically where a work has been produced by more than one owner. In general, licensing jointly owned copyright works requires consent from all joint owners.

Authorized entities (educational establishments or resource suppliers, libraries, or charities) may reproduce, and distribute works incorporating copyrights in accessible formats (braille, audio, large print texts) without the permission of the copyright owners.

Norway

The author owns the work. Joint ownership of copyrights is recognized, and the economic rights to the work can be transferred or licensed, in whole or in part. Moral rights may not be transferred and can only be waived (except from the right to be referred to as the author, which cannot be transferred or waived) . There are no formal requirements for licenses. However, through the Copyright Act of 2018 the original author or artist has an invariable right to get a reasonable remuneration when transferring his or her rights to commercial parties. This provision is meant to protect the artists from being taken advantage of when negotiating transfers. Furthermore, a transfer of copyright does not entail a right to change the work unless explicitly agreed and copyright may not be further transferred unless having obtained the author's consent unless transferred as part of a business transfer. 

Philippines

Copyright belongs to the author or creator of the work.

The IPC recognizes joint authorship, and the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that they have created.

In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the composer of the music, the film director and the author of the work so adapted. However, subject to contrary or other stipulations among the creators, the producer shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work.

In respect of letters, the copyright shall belong to the writer (subject to the relevant provisions of the Civil Code).

Poland

As a general rule, copyrights are owned by the author of the work. However, the author's economic copyrights may be assigned to third parties (natural or legal persons), and also to heirs after the author's death.

An employer acquires the copyrights to the works created by an employee in the course of the performance of his/her employment duties, upon the acceptance of the work, within the scope resulting from the aim of the employment contract and the agreed will of the parties; however, copyrights to computer programs created by an employee in the course of the performance of his/her employment duties are vested in the employer (unless the employment agreement provides otherwise).

As a rule, a copyright assignment agreement must be concluded in writing (otherwise being null and void) and should list the fields of exploitation to which the assignment relates. Joint ownership of copyrights is also recognized under Polish law. The author's moral rights are non-transferrable.

Moreover, the author (or the owner of the author's economic copyrights) may grant consent for the use of the works to third parties by concluding a license agreement, which may be exclusive or non-exclusive. An exclusive license needs to be concluded in writing. As a rule, licenses are limited in terms of the time, place and manner of using the copyrights.

Portugal

Moral rights are inalienable.

The copyright owner (as well as his or her successors or assignees) may authorize the use of the work by third parties or assign economic rights, wholly or partially.

Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright.

Authorization shall only be granted in writing (mandatorily including the duration, place and price conditions) and it is presumed to be onerous and non-exclusive.

The total and final transmission of copyright patrimonial rights shall only be valid if concluded by public deed.

Partial transmission shall be concluded in writing with notarized signatures and shall include the rights object of transmission and the conditions of execution – notably, the duration, place and price (if applicable). In case no duration is established, it is presumed that the maximum duration is 25 years (in general) and 10 years in cases of photographs or applied art.

Romania

Joint authorship is recognized in collective and common works. In case of collective works, the co-authors' personal contributions may not be differentiated when taking into account the nature of the work and in such cases the copyrights are jointly exercised. Conversely, in case of works created in common, the personal contribution of each of the co-authors may be separated and utilized independently provided that such use does not harm the rights of the other co-authors. Except otherwise agreed, the co-authors of a common work may not utilize the work without having the joint consent of all co-authors.

Copyrights may be transferred by way of an assignment contract which must contain clauses referring to the patrimonial rights transmitted and must indicate each right transferred, the modalities of use, the duration and extent of the assignment, and the remuneration of the copyright holder. The absence of any of these provisions entitles the interested party to request the termination of the contract. Licenses are possible as well and their duration is limited to 49 years.

Russia

Joint ownership of copyright is recognized with regard to joint works.

Transfer of copyright ownership (exclusive rights to a work) is allowed and must be in writing for most types of use. In general, the transfer of one or more copies of a copyrighted work does not imply the transfer of the copyright, unless differently agreed.

Saudi Arabia

Joint ownership of copyright is recognized. Any transfer of copyright must be recorded in writing and must express any limits to the scope of the transferred right with respect to both time and place.

Singapore

Generally, the creator owns the copyright. However, if an employee creates a work according to the terms of his or her employment contract, the employer will own the copyright; in the case of a journalist working for a newspaper or magazine, the owner of the newspaper or magazine owns the copyright of the publication in any newspaper or magazine but the employee owns the remaining rights that make up the copyright bundle of exclusive rights. If a portrait/photograph/engraved work is commissioned, the person who has commissioned the work will own the copyright. If any other sort of work is commissioned, the commissioned party shall hold the copyright unless agreed otherwise in writing.

Copyright owners may transfer their rights to other parties either partially or wholly. They may also license their copyrights either partially or wholly. Future copyrights for a work that has yet to be produced can also be licensed. The license can be exclusive or non-exclusive.

Slovak Republic

The author as licensor may grant to a licensee the permission to use the work upon the license agreement. The license agreement contains, in particular, the way of using the work, scope of the license, duration of the license and remuneration. However, the author may agree to grant a free license to a licensee.

South Korea

Joint ownership of copyrights is recognized. To exercise copyright in a jointly owned work, consent from all joint owners is required. Non-exclusive licenses are available. An exclusive right against third parties is recognized only for the right of publication (including publication rights for computer programs).

Spain

The Legislative Royal Decree 1/1996 on Intellectual Property provides that copyrights in a work belong to the author, who is the person or group of persons who creates the work.

Economic rights of copyright owners may be transferred to third parties. All transfers must be formalized in writing. The transfer of rights is limited to the specific rights, use, term and geographic scope stated in the contract/license. Transfers of rights can be either exclusive or non-exclusive. Moral rights are protected and are not assignable.

Sweden

Joint ownership of copyrights is recognized and the right can be transferred partly. Moral rights may not be transferred and can only be waived in specified circumstances. No formal requirements for licenses.

Switzerland

Joint ownership of copyrights is recognized. Switzerland follows a system of legal licenses, which means that the law itself authorizes the private use of published works under certain circumstances. A system of mandatory licenses also exists concerning the creation of phonograms. Furthermore, for certain areas, collective rights management by approved collecting societies is compulsory. 

Taiwan, China

The economic rights of a copyright can be freely assigned, licensed, pledged or inherited in whole or in part. Joint authorship of a copyright is permissible, provided that any assignment, grant of license or creation of pledge can only be made with the unanimous consent of all joint owners.

Ukraine

Under Ukrainian law, the author of a work is the initial copyright holder. Unless proven to the contrary, the person indicated as an author of the original or a specimen of a work is deemed to be the author of such work. Only natural persons may be recognized as authors in Ukraine.

Persons who created a work jointly are considered co-authors under Ukrainian law. Copyright with respect to a work created in co-authorship is vested with all co-authors irrespective of whether the work represents 1 inseparable item or is composed of parts that each have independent significance. Relations between co-authors are regulated by an agreement between them. The right to publish the work or use the work in another way may be exercised by all co-authors jointly. If a work created in co-authorship is composed of parts that each have independent significance, each co-author has a right to use their independent part of the work without consent of the rest of co-authors unless otherwise provided in the agreement concluded between them.

Copyright owners may grant the right to use or assign their rights to other parties either partially or wholly through a license or an assignment agreement. Licensing of a copyright to works which have not been created yet (ie, future works) is prohibited. Any licensing arrangements shall be executed in writing. The rights which are not specifically listed as licensed or assigned in the agreement are regarded as not licensed or assigned respectively.

The relations on collective management of rights have been regulated in the Law of Ukraine “On the Effective Management by the Tangible Rights of Rightsholders in the Sphere of Copyright and (or) Related Rights” as of May 15, 2018, which is aimed to make the system of collective management more effective and transparent in Ukraine. As of the end of 2019, 15 collective management organizations have been registered in Ukraine under this law.

United Arab Emirates

Assignments and licenses are both described under the Copyright Law as "transfers." For a transfer to be valid, it must be in writing and while there is no requirement for the transfer to be notarized and legalized, in practice, government authorities in the UAE may not accept a document that has not been formalized in this way. Similarly, the document should be in Arabic and if it is not, it should have an official Arabic translation. The right that is the subject of the transfer must be specified together with the purpose of the transfer. There is a requirement for the period of exploitation to be identified for all licenses, together with the geographical area in which the right will subsist.

United Kingdom

Joint ownership of copyright is recognized, and arises automatically where a work has more than one author. Joint ownership can create limitations on the ability of a joint owner to independently exploit the relevant work.

United States

Joint ownership of copyrights is recognized, with each owner holding an independent right to use or license the use of the copyright in the work without the need to obtain the consent of the other co-owners. Each co-owner of a copyright has an obligation to account to the other co-owner(s), but the duty to account can be waived by contract. Implied licenses are also recognized.