In certain cases, the startup should consider including special arrangements. At the very least, the employment contracts of key employees and know-how owners in the R&D sector should contain specific language on the transfer of copyright or other protected work results or the granting of corresponding rights of use and exploitation.
For patented or otherwise protected inventions, the Employee Inventions Act (Arbeitnehmererfindungsgesetz – ArbNErfG) contains mandatory provisions that may not be waived. To prevent loss of customers to competitors, it’s worth considering post-contractual non-competes for key employees in R&D and sales as well as management positions.