Act 3
Industrial Property Act
2014
(4) In the circumstances referred to in subsection (3), the
employee has a right to equitable remuneration taking into account
his or her salary, the importance of the invention and any benefit
derived from the invention by the employer.
(5) In the absence of an agreement between the parties, the court
shall fix the remuneration.
(6) An invention made without any relation to an employment or
contract of service and without the use of the employer’s resources,
data, means, materials, installations or equipment belongs solely to
the employee or the person commissioned.
(7) This section, where relevant, applies directly or indirectly to
government department or an agency of government or a similar
organisation.
20. Naming of inventor.
(1) The inventor shall be named as inventor in the patent application
and in the patent unless in a special written declaration addressed to the
registrar, he or she indicates that he or she wishes not to be named.
(2) A promise or an undertaking by the inventor made to any
person to the effect that he or she will make the declaration referred
to in subsection (1) has no legal effect.
(3) Where two or more persons have made the same invention
independently of each other, the person whose application has the
earliest filing date or, if priority is claimed, the earliest validly
claimed priority date shall have the right to the certificate, as long as
the application is not withdrawn, abandoned or rejected.
(4) In order to establish the right of preference the registrar shall
take into account the matter claimed in the applications.
(5) Where an invention is made in execution of an employment
contract the purpose of which is to invent, the right to the patent shall
belong, in the absence of contractual provisions to the contrary, to the
employer.
23