The Industrial Property Act, 2001
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(2) Where the duties of an employee comprise the making and proposing of
technovations, he shall not be entitled to a technovation certificate for any
technovation which pertains to the field of activities for which he is
employed, unless the degree of the creative contribution inherent in the
technovation exceeds that which is normally required of an employee having
the said duties.
(3) Where employees severally request a technovation certificate for the
same technovation, the employee who is the first to make the request shall
be entitled to such a certificate.
(4) Where a request for a technovation certificate is made jointly by two or
more employees, the certificate shall be issued in their joint names.
Request
96.A request for a technovation certificate signed by the employee shall be
filed in writing with the enterprise and the enterprise shall assist the
employee in filing the request and shall issue a receipt to him acknowledging
that a request has been filed and indicating the date on which it has been
filed.
Issuance or
refusal of
technovation
certificate
97. (1) Where the requirements of this Part are satisfied, the enterprise shall,
within a period of three months from the date of the proposal, issue a
technovation certificate to the employee.
(2)The enterprise may refuse to issue the certificate if it is of the opinion that
the requirements of this Part have not been satisfied and shall notify the
employee of the reasons therefor within the time limit prescribed in
subsection (1).
Use of
technovation
98. (1) Where the enterprise issues a technovation certificate, it shall, at the
same time, notify the technovator, in writing, whether or not it intends to use
the technovation.
(2)Where the decision to make use of the technovation depends on the
testing the technovation in practice, the enterprise shall inform the
technovator accordingly and may postpone the notification of its intention to
use or not to use the technovation by not more than a year from the date of
the proposal.
(3) The technovator shall be obliged to assist the enterprise, to the best of
his ability, in any testing, development or use of the technovation.
(4)The enterprise shall be obliged to give adequate opportunity to the
technovator to furnish the assistance referred to in subsection (3).
(5) Once the technovation certificate has been issued, the technovator, shall
not communicate his technovation to anyone other than the enterprise and