Understanding Who Owns Intellectual Property Rights
When it comes to the question, who owns intellectual property rights, both creators and companies often find themselves at a crossroads. Intellectual Property (IP) plays a central role in today’s innovation-driven economy, protecting everything from artistic works and brand names to inventions and designs. The answer to “who owns intellectual property rights” depends on various factors including the type of IP, the terms of employment or contract, and the jurisdiction in question. At AMR Partnership, a trusted Intellectual Property Firm in Indonesia established in 1986, we help you navigate this complex terrain with clarity and legal precision.
Whether you’re an independent creator, a tech startup, or a multinational corporation, understanding IP ownership is essential to avoid disputes and protect your assets. Let’s delve into how IP rights are owned, assigned, and protected — and how AMR can assist you through each step.
Types of Intellectual Property and Ownership Basics
Patent Ownership
Patents protect inventions and are generally owned by the inventor unless otherwise agreed. However, if the invention is developed under employment, the employer typically holds the rights. For instance, if a software developer creates an algorithm during work hours with company resources, the company may claim the patent.
In Indonesia, patent law is governed by Law No. 13 of 2016. This law outlines that ownership can be transferred through written agreements or inheritance. At AMR Partnership, we assist both individuals and companies with drafting and registering patents to ensure legal protection.
Our commercial services help you assess whether your invention qualifies for patent protection and how to document it effectively.
Trademark Ownership
Trademarks represent the identity of a brand—its name, logo, or slogan. Ownership lies with the first entity or person who registers it. For companies, this often means the business itself, not the individual who designed the logo or came up with the name.
AMR’s trademark experts ensure that your brand is registered in compliance with Indonesian law and international standards. We offer full support, from searches and filing to enforcement and renewal. Reach us via Instagram or WhatsApp to start your registration.
Copyright Ownership
In most jurisdictions, the creator is the initial owner of the copyright unless the work was made for hire. For companies, this means ensuring that employment or freelance contracts specify that the company owns the rights.
Copyright covers written works, music, software code, architecture, and more. AMR helps companies draft appropriate contracts and register copyrights to prevent future disputes. We’re also active on TikTok, sharing tips and legal advice for digital creators and content producers.
Industrial Design and Other IP
Industrial design rights protect the visual design of objects. Ownership works similarly to patents and copyrights. Additionally, AMR offers legal services in:
- Plant Variety Protection
- Geographical Indications
- IC Layout Design
- Trade Secrets
- Litigation and Enforcement
With more than 60 permanent staff, 16 lawyers, and 10 technical experts, AMR is fully equipped to handle your IP portfolio in Indonesia and beyond.
IP Ownership in Employment and Freelance Agreements
Works Created in the Course of Employment
For employees, intellectual property created within the scope of their job typically belongs to the employer. This includes inventions, reports, software, and other creative outputs. However, explicit clauses in employment contracts are crucial to confirm ownership.
At AMR, we help companies craft robust employment agreements that protect their IP interests. We also advise employees on their rights, ensuring a fair and legal approach from both sides.
Freelancers and Independent Contractors
Freelancers often assume they own the work they create. But without a written agreement, disputes can arise. AMR helps companies and freelancers define ownership through contracts that clarify:
- Rights assignment
- Payment terms
- Usage limitations
Protect your project and your brand by getting professional legal support. Consult our team through Instagram or WhatsApp.
Transferring and Licensing Intellectual Property
Assignment of IP Rights
An assignment is a full transfer of IP ownership from one party to another. This is often seen in business acquisitions or collaborative projects. Assignments must be made in writing and, in many jurisdictions, registered to be effective.
AMR guides clients through every stage of the assignment process — from due diligence to final documentation and legal filing.
Licensing Intellectual Property
Licensing allows the IP owner to permit others to use their property under agreed terms. This is ideal for:
- Franchises
- Software distribution
- Merchandising deals
We tailor licensing contracts to fit your business goals, whether exclusive or non-exclusive. Let us help you monetize your IP without giving up control. Visit amr.co.id to schedule a consultation.
Dispute Resolution and IP Litigation
Common IP Ownership Disputes
Disputes often arise due to unclear ownership, especially in joint ventures, employment, or co-creation scenarios. Examples include:
- Disagreements over contributions
- Misuse of company IP by former employees
- Unauthorized licensing by a co-owner
How AMR Handles Litigation
With decades of experience, AMR represents clients in IP disputes both locally and internationally. Our litigation services include:
- Cease and desist notices
- Settlement negotiations
- Court representation
As a firm certified with ISO 9001:2000, we bring top-tier quality management to every case. Follow us on TikTok for educational content and case highlights.
Global Considerations: International IP Ownership
Differences in Jurisdictions
IP laws vary from country to country. For example, in some regions, moral rights cannot be transferred, while in others they can. Global businesses need to understand these nuances.
AMR has built strong international networks across 70 countries with over 1,000 partner firms. Whether you’re expanding your brand globally or resolving a cross-border dispute, we ensure your rights are protected worldwide.
Treaties and Conventions
Key treaties like the Paris Convention and Berne Convention influence how IP rights are handled internationally. Our team helps you align your IP strategy with these global standards, ensuring maximum protection.
Reach out via WhatsApp to discuss international IP protection today.
Why Choose AMR Partnership for Your IP Needs?
As one of Indonesia’s oldest and most reliable IP law firms, AMR Partnership offers unmatched expertise in:
- Patent registration and protection
- Trademark and brand strategy
- Copyright enforcement
- Industrial design consultation
- Litigation and legal defense
- Specialized services in Trade Secrets, Plant Varieties, IC Layouts, and Geographical Indications
We’re not just service providers — we’re your strategic partners in innovation. Use amr.co.id to explore all of our offerings and book a consultation.
Stay updated by following our Instagram, TikTok, or contact us directly through WhatsApp.
Let AMR secure your creativity and innovation, so you can focus on what you do best.
