The Industrial Property Act, 2001
19
succession.
(5) Sections 64 to 80 shall apply Mutatis mutandis to contracts assigning the
right to a patent.
Unauthorized
application based
on an invention
of another person
31.Where the applicant has obtained the essential elements of the invention
which is the subject of his application from the invention of another person,
he shall, unless authorized by the person who has the right to the patent or
own the patent, be obliged to assign to such person the application or, where
the patent has already been granted, the patent.
Inventions made
in execution of
commission or by
employee
32. (1) Notwithstanding section 30 and in the absence of contractual
provisions to the contrary, the right to a patent for an invention made in
execution of a commission or of an employment contract shall belong to the
person having commissioned the work or to the employer.
Provided that where the invention is of exceptional importance the employee
shall have a right to equitable remuneration taking into consideration his
salary and the benefit derived by the employer from the said invention.
(2) The provisions of subsection (1) shall apply where an employment
contract does not require the employee to exercise any inventive activity but
when the employee has made the invention by using data or means available
to him during his employment.
(3) In the circumstances provided for in subsection (2), the employee shall
have a right to equitable remuneration taking into account his salary, the
importance of the invention and any benefit derived from the invention by
the employer.
(4) In the absence of agreement between the parties, the remuneration shall
be fixed by the Tribunal.
(5) Inventions made without any relation to an employment or service
contract and without the use of the employer’s resources, data, means,
materials, installations or equipment shall belong solely to the employee or
the person commissioned.
(6) This section shall also apply, where relevant, directly or indirectly to
governmental and other organizations.
Naming of
inventor
33.The inventor shall be named as such in the patent application and in the
patent unless in a special written declaration addressed to the Managing
Director he indicates that he wishes not to be named and any promise or
undertaking by the inventor made to any person to the effect that he will
make such declaration shall be without legal effect.
PART V - APPLICATION, GRANT AND REFUSAL
OF GRANT OF PATENT