Article 1370: Service invention, service useful model, service industrial model

1. An invention, a useful model or industrial model created by an employee in connection with the performance of his or her duties or a specific task of an employer shall be deemed to be serviceable, respectively. 2. The right of authorship for service invention, service useful model or service industrial model is vested in 3. The exclusive right to a service invention, a service useful model or a service industrial model and the right to a patent are vested in the employer if the employer 4. In the absence of an agreement between the employer and the employee, the employee must write to the employer in writing. To notify the employer of the establishment, in connection with the performance of the employer ' s duties or specific task, of a result for which legal protection is possible. within six months from the date of notification by the employee, the hotel will not apply for a patent for the relevant service invention, service useful model or service industrial sample to the federal executive authority on intellectual property, will not transfer the right to a patent to a service invention, service useful model or service industry Zhec to another person or do not inform the employee of the maintenance of information about the relevant intellectual activity in secret, the right to a patent for such invention, a useful model, and In this case the employer has the right to use the service invention, the service useful model or the service model during the period of validity of the patent. in-house production under a simple (non-exclusive) licence with payment of remuneration to the patent holder, the amount, conditions and manner of payment of which are determined If the employer obtains a patent for a service invention, a service useful model or an industrial service model or an industrial service model, or if the employer receives a patent for a service invention, decision to keep information on such inventions, useful models or industrial designs secret and inform the employee thereof either transfer the right to a patent to another person or not received On the basis of his application for a patent, the employee is entitled to remuneration. The right to remuneration for service invention, service useful model or service industrial model is inalienable. 4.1. If the employer who obtained the patent for the service invention, the service model or the service industry He/she is required to notify the employee(s) and, if he/she so requests, to give him/her the patent free of charge. In the event of an employer’s refusal to conclude a free-of-charge exclusive-rights contract, the right to food must be subject to a free-of-charge agreement. and the author, or the failure to receive his response to the author ' s written proposal to conclude the contract within one month of the date of the proposal, has the right to bring an action before the court In the event that the employer failed to notify the author of the early termination of the patent, the author is not entitled to a free-of-charge exclusive-law contract. 5. An invention, a useful model or an industrial model, created by an employee using the employer ' s monetary, technical or other material means, but not in connection with the performance of his or her labour duties or a specific task of the employer, The right to a patent and the exclusive right to such invention, a useful model or industrial model are vested in the employee. IW to require a free (non-exclusive) licence to use the intellectual result created for its own purposes for the duration of the claim :: Pure law or reimbursement of costs incurred in connection with the creation of such invention, a useful model or an industrial model.