7. In all cases the head of the State agency or corporation shall determine the
percentage of the net proceeds from the working of the patent that accrue to the public-sector
worker, or workers where there are more than one, after having consulted the board of
directors or management board, or in the absence of both the scientific board, of the
establishment, due regard being had to the criteria laid down in Article 6 of this Decree.
8. An agreement shall be concluded between the public-sector worker or workers
having made the invention on the one hand and the head of the State agency or corporation
concerned on the other which shall determine:
— the percentage of the net proceeds accruing to the public-sector inventor, and if they
are more than one the share accruing to each, within the limits of the percentage determined
as provided in Article 7 of this Decree;
— the procedures and intervals for the payment of the proceeds, except where payment
is made annually and where applicable after collection thereof by the State agency or
corporation concerned, in accordance with the payment procedures specified in the contract or
contracts for the exploitation of the invention or discovery.
9. Where the public-sector worker concerned relinquishes his duties, the proceeds from
the working of the invention or discovery patent that are owed him shall continue to be paid
to him throughout what remains of the period of exploitation.
In the event of the death of the public-sector worker, the share of the proceeds accruing
to him shall be paid to his heirs throughout what remains of the period of exploitation of the
invention or discovery.
10. The public-sector researcher who makes an invention or discovery shall
immediately declare the fact in writing to the head of the State agency or corporation to which
he belongs.
11. Articles 7 to 11 of Decree No. 99-705 of March 29, 1999, on the conditions
governing the grant of financial inducements to the authors of works, creators and inventors in
connection with their publications, creations and inventions are repealed.
12. The Prime Minister and the relevant Ministers, each in so far as his or her
competence relates to the subject matter thereof, are entrusted with the implementation of this
Decree, which shall be published in the Official Journal of the Tunisian Republic.
Tunis, November 26, 2001
Zine El Abidine Ben Ali
Note: Translation by the International Bureau of WIPO.
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