It is provided by Dutch law that IP in some cases belongs to the employer of the inventor, which is the case for universities. The arrangements are described in the CAO Nederlandse Universiteiten 2011-2014 (Dutch only).
The law however also provides for a reward for inventors, secured by the employers. The TU Delft has therefore implemented the TU Delft 1/3 policy which states that inventors have the right to claim 1/3 of the profits resulting from the invention.
The university has the right to claim the IP and its exploitation within six months after the invention was enlisted, if this doesn’t happen the inventor may claim the IP rights. The university however has to be compensated for the costs made for the IP if the inventor decides to exploit the invention commercially.
Technical universities in Netherlands have jointly identified how inventors should be rewarded and receive the equitable remuneration that they are entitled to. The TU Delft 1/3 policy secures a remuneration structure as well as awareness on the worth of IP and aims to encourage the transfer of knowledge into economic value.
Case law has shown that the 1/3 arrangement is seen as very beneficial and is applicable to all registered and non-registered IP developed by employees of the university. Registered or non-registered intellectual property that becomes property of third parties before it emerges is not covered by the procedures.
Profits arising from the exploitation by license, spinout or selling of the intellectual property are distributed equally between the joint inventors, the Faculty and the Valorisation Centre/Delft enterprises. The distribution of profits between the joint investors may however be specified in the eIDF or in other arrangements, overruling the 1/3rd policies. Tax is due for all payments as regards to profits.