Decree No. 2001-2750 of November 26, 2001,
setting the rules and procedures for the apportionment of
the proceeds from the working of invention or discovery patents
accruing to the State agency or corporation and the public-sector researcher
responsible for an invention or discovery
The President of the Republic,
On a proposal by the Prime Minister,
Considering Orientation Law No. 96-6 of January 31, 1996, on Scientific Research and
Technological Development, as amended by Law No. 2000-68 of July 17, 2000, notably (the
new) Article 14 thereof,
Considering Law No. 99-42 of May 10, 1999, on Seeds, Seedlings and New Varieties of
Plants, as amended by Law No. 2000-66 of July 3, 2000,
Considering Law No. 2000-84 of August 24, 2000, on Patents,
Considering Decree No. 69-400 of November 7, 1969, creating the office of Prime
Minister and specifying the powers and responsibilities of the Prime Minister,
Considering Decree No. 92-342 of February 17, 1992, specifying the powers and
responsibilities of the Secretary of State to the Prime Minister for Scientific Research,
Considering Decree No. 99-705 du March 29, 1999, specifying the conditions
governing the grant of financial inducements to the authors of works, creators and inventors in
connection with their publications, creations and inventions,
Considering the advice of the Ministers of Higher Education, Agriculture, Finance,
Industry and Public Health,
Considering the advice of the Administrative Tribunal,
Decrees as follows:
1. This Decree specifies the rules and procedures for the apportionment of the proceeds
from the working of invention or discovery patents, including those for new varieties of
plants, between the State agency or corporation that has filed the application for registration
of the invention or discovery patent and the public-sector researcher who has made the
invention as part of his duties or in the course of the performance of his activities within the
State agency or corporation.
2. Where there are two or more public-sector inventors, the proceeds accruing to
public-sector inventors shall be apportioned according to the degree of participation of each
such inventor in the making of the invention or discovery, due regard being had to the
provisions of Article 6 of this Decree, or according to such criteria as they may propose.
Where the invention or discovery is made in the course of a collaborative venture
between two or more State agencies or corporations and the registration thereof is effected by
them jointly, the manner of apportionment of the proceeds shall be specified by the State
agencies and corporations concerned in the collaboration contract drawn up by them.
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