Travail, création et propriétés

Abstract : The question of the ownership of creations originating from an employment relationship falls under property law, and especially under intellectual property law. The status of employee or civil servant is, indeed, linked to holding or exercising rights. However, it is property law that defines, on the bases of the object of a particular right and its uses, the content and the limits of the ownership. In the creation model, it is the right of ownership that guarantees the remuneration and the protection of the creator. On the contrary, the model of work appropriation designates the investor as owner, while the employee has a right to compensation and protective status. The two models are in opposition but can converge: they demonstrate personalism at different and relative degrees; both of them are oriented towards exploitation since these different rights of ownership are not idle ones. The particularity of objects dictates here the particularity of property regimes. In order to deal with the ownership of employees’ creations, intellectual property law is torn between different directions: patent law is inspired by the model of work appropriation, whereas author’s law is in favor of the creation model. Moreover, these two models are plural: positive law offers a lot of applications of the two models. Nevertheless, some general principles make it possible to consider a harmonisation of these regimes. Comparative law confirms the diversity of possible syntheses between the apparently diverging interests of the subordinate creator and the exploiting employer, reconciling them around the organisation of the exploitation and the status of subordinate creator.
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Contributor : Audrey Lallement <>
Submitted on : Thursday, June 18, 2015 - 2:13:19 PM
Last modification on : Friday, January 24, 2020 - 9:32:02 AM
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  • HAL Id : tel-01165119, version 1



Audrey Lallement. Travail, création et propriétés. Droit. Université de Poitiers, 2012. Français. ⟨tel-01165119⟩



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