Act 3
Industrial Property Act
2014
(6) Where the economic gains extracted by the employer are
disproportionately high as compared to the employee’s salary and the
reasonable expectations of gain that the employer had from his or her
employee’s inventive output at the time he or she hired him or her, the
employee is entitled to an equitable remuneration.
(7) Where an invention is made by an employee not in execution
of an employment contract, and where for making that invention the
employee used materials, data know-how of the employer, the right to
the patent shall belong, in the absence of contractual provisions to the
contrary, to the employer.
(8) The employee is entitled to a remuneration that is at least
equivalent to one third of the net direct and indirect gains obtained by
the employer from exploiting the invention.
(9) Where the employer neglects to file a patent application
within one year from the date on which the employee communicates
to him or her the invention, the employee shall have the right to the
patent, including the right to assign that right to an interested party
and to license or transfer the patent, if granted.
(10) An invention claimed in a patent application filed by the
employee within one year after the expiry of the employment contract
which falls within the scope of the former employer’s main business,
shall be presumed to have been made under the expired contract,
unless the employer produces evidence to the contrary.
(11) An anticipated promise or undertaking which is made by the
inventor to his or her employer to the effect that he or she will waive
any remuneration he or she is entitled to under this section shall be
without legal effect.
(12) The inventor shall be named as such in the patent, unless in
a special written declaration signed by him or her and addressed to the
registrar he or she indicates that he or she wishes not to be named.
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