The Industrial Property Act, 2001
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shall not use it.
(6) Where the enterprise declares that it does not intend to use the
technovation or where the enterprise, having declared its intention to use the
technovation, does not in fact start using it within six months from the
issuance of the technovation certificate or the expiration of the time limit
referred to in subsection (2), the technovator shall be exempted from the
obligations referred to in subsections (3) and (4);
Provided that the technovator shall have the right to communicate his
technovation to others only to the extent that such communication does not
entail the communication of any know-how or other knowledge that he has
acquired as an employee.
Remuneration of
the technovator
99. Where the enterprise uses the technovation or communicates it to a third
person, the technovator shall be entitled to a remuneration the amount and
method of payment of which shall, in the absence of an applicable collective
bargaining agreement, be fixed by mutual agreement between the
technovator and the enterprise.
Derogation by
contract
100. Any contractual provision which is less favourable to the employees or
technovators than the provisions of this part shall be null and void.
Disputes
101. (1) Any dispute concerning the application of this part shall be
submitted by any interested party to an arbitration board consisting of three
members, one member appointed by the employee or technovator, one
member appointed by the enterprise, and a chairman appointed by the two
members. The arbitration board shall hear the interested parties and
thereafter deliver its ruling.
(2) Where the parties fail to agree on the appointment of the chairman, he
shall be appointed by the Resident Magistrate’s Court having jurisdiction in
the place where the enterprise is located.
(3) An aggrieved party may appeal against the decision of the arbitration
board to the Tribunal.
PART XV - COMMON PROVISIONS: SURRENDER,
REVOCATION AND INVALIDATION
Surrender
102. (1) A patent, utility model or industrial design registration certificate
may be surrendered by its owner to the Institute.
(2) The surrender may be limited to one or more claims of the patent or
utility model or, in the case of industrial designs, one kind of product or
class of products.
(3) The surrender shall promptly be recorded in the register and published by