The right to the patent of the industrial design or model may be subject to security or
mortgaged.
Article 93: Invention of the industrial design or model made by several persons; first
applicant principle
Where two or more persons have jointly made an invention, the right to the patent of the
industrial design or model shall belong to them jointly.
Where the invention of the industrial design or model has been carried out jointly by two or
more persons, the use of the patented invention of the industrial design or model by one of the
owners shall not require the agreement of the other owners. However, the owners of the patent
of the industrial design or model may only conclude jointly license agreements relating to the
patent of the industrial design or model.
Where and insofar as two or more persons have carried out the same invention of the
industrial design or model independently of each other, the right to the patent of the industrial
design or model shall belong to the person who has filed the application whose filing date or,
where priority is claimed, the validly claimed priority date, is the oldest, as long as said
application has not been withdrawn, abandoned or rejected. In order to establish the right of
preference the empowered authority shall take into account the matter claimed in the
applications.
Article 94: Invention of the industrial design or model carried out as part of an
employment contract
If the invention of the industrial design or model has been carried out as part of an
employment contract which aims to carry out inventions of the industrial design or model, the
right to the patent of the industrial design or model for this invention of the industrial design
or model shall belong to the employer, unless otherwise stipulated in the contract.
Where an invention of the industrial design or model has an economic value that is much
higher than that which the parties could reasonably foresee at the time the contract is
concluded, the inventor shall be entitled to equitable remuneration taking into account the
value of his invention of the industrial design or model.
Where an employee who is not obliged by his employment contract to carry out an inventive
activity produces, in his employer’s field of activities, an invention by using the data, means
or know-how available to him through his employment, the right to the patent for this
invention of the industrial design or model shall belong to the employee. Nevertheless, in the
case the employer makes known his interest in that invention, he may request for the grant of
all or part of the right to the patent protecting the invention of the employee in accordance
with the agreement between the parties.
Where there is no agreement between the employee and the employer, according to
paragraphs (2) and (3) of this article, the remuneration shall be fixed by the Competent
tribunal.