Article 1462. The Layout-Design Created When Works Were Performed under a Contact

1. If a layout-design has been created when a contractor's contract or a contract of research and development or technological work was performed which did not expressly envisage the creation thereof, then the contractor (performer) owns an exclusive right to the layout design, except as otherwise envisaged by a contract between him/it and the customer.
In this case, the customer is entitled, except as otherwise envisaged by a contract, to use the layout-design so created for the purposes for the attainment of which the relevant contract has been concluded, on the terms of a simple (non-exclusive) licence for the whole effective term of the exclusive right, without an additional fee being payable for the use. If the contractor (performer) assigns the exclusive right to the layout-design to another person the customer shall retain the right of using the layout-design on the said terms.

2. If according to a contract between the contractor (performer) and the customer the exclusive right to the layout-design has been assigned to the customer or to the third person designated by him/it the contractor (performer) is entitled to use the created layout-design for his/its own need on the terms of a free-of-charge simple (non-exclusive) licence for the whole effective term of the exclusive right to the layout-design, except as otherwise envisaged by the contract.

3. The author of the layout-design mentioned in Item 1 of the present article who does not own the exclusive right to the layout design is entitled to a fee in accordance with Item 4 of Article 1461 of the present Code.

Article 1463. The Layout-Design Created on Order

1. If a layout-design has been created under a contract whose subject matter was the creation thereof (on order) the customer owns the exclusive right to the layout-design, except as otherwise envisaged by the contract between the contractor (performer) and the customer.

2. If according to Item 1 of the present article the exclusive right to the layout-design is owned by the customer or the third person designated by him/it the contractor (performer) is entitled, except as otherwise envisaged by a contract, to use the layout-design for his/its own needs on the terms of a free-of-charge simple (non-exclusive) licence for the whole effective term of the exclusive right.

3. If according to the contract between the contractor (performer) and the customer the contractor (performer) owns exclusive right to the layout-design, the customer is entitled to use the layout-design for his/its own needs on the terms of a free-of-charge simple (non-exclusive) licence for the whole effective term of the exclusive right.

4. According to Item 4 of Article 1461 a fee is payable to the author of a layout-design created to order.

Article 1464. A Layout-Design Created when Works Were Performed under a State or Municipal Contract
A layout-design created when works were performed under a state or municipal contract is subject to the rules of Article 1298 of the present Code respectively.

 

 

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