Reflections on Intellectual Property Benefit-Sharing in Employment Situations in Ghana

Abstract

Among the key justifications for protecting intellectual property rights (IPRs) is that they incentivise and reward human creativity and innovation. The incentive/reward rationale is expected to foster a culture of innovation across jurisdictions and to provide sufficient motivation for further research and innovation. In this thematic report, the author explores the practical relevance of the incentive/reward justification for intellectual property (IP) protection in situations of employment. The author argues that in employment situations under Ghanaian law, the employer enjoys the economic benefits of the fruits of mental exertion to the detriment of the employee; the party actually engaged in the enterprise of creating IP materials receives insufficient incentives. This reality, the author argues, undermines the practical relevance of the core justification for IPRs protection.