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defined as any human economic activity leading to the production of goods and
services; it shall cover in particular crafts, agriculture, fisheries and services.
Chapter II: Patent rights and mention of the inventor
Article 8:
Patent rights shall belong to the inventor.
If several persons have jointly made an invention, they shall jointly own the
patent rights.
Article 9:
In the event that several persons have made the same invention independently of
each other, the patent right shall belong to the person who has filed the
application with the oldest filing date, or if a priority is claimed, the date of the
validly claimed priority, as long as said application has not been withdrawn,
abandoned or rejected.
In order to establish the preferential right, the Industrial Property Director shall
take account of what is claimed in the applications.
Article 10: The patent right may be assigned or bequeathed.
Article 11: If the invention has been made by an employee in the performance of an
employment contract, the patent right shall belong to the employer, unless the
contract specifically stipulates otherwise.
If the financial gains made by the employer are disproportionate in relation to
the employee’s salary and in relation to the gains which the employer could
reasonably expect from his employee’s inventive input when he hired him, the
employee shall be entitled to fair compensation.
Article 12: In the event that the invention has been made by an employee outside the
performance of an employment contract with the help of material, data or knowhow belonging to the employer, the patent right shall belong to the employer,
unless the contract stipulates otherwise.
The employee who has made the invention shall be entitled to compensation
taking into account the importance of the patented invention; failing an
agreement between the parties, such compensation shall be set by the courts.
Any promise or undertaking given by the inventor to his employer with the
effect of waiving the compensation to which he is entitled under the previous
subparagraph shall have no legal effect.
Article 13: In the event that the employer fails to file a patent application in the year
following the date on which the employee informed him of the invention, the
patent right, including the right to assign this right to any interested third party
and to license the patent or assign it, if it has been issued, shall belong to the
employee.