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Article 1430: Service breeding achievement

📅 Updated: 30.09.2026

1. Selective achievement created, selected or identified by an employee in the performance of his or her duties or specific tasks as an employer shall be recognized as service selection dos 2. An employee (author) has the right to authorise a service plant. 3. The exclusive right to a service plant development and the right to obtain a patent. 4. In the absence of an agreement between the employer and the employee, the employer shall have the right to the same rights as the employer, unless the employment contract or the civil contract between the employee and the employer provides otherwise. Otherwise (paragraph 3 of the present article) the employee must notify the employer in writing of the establishment, withdrawal or identification in the performance of his or her duties or of a specific assignment of the employee. If the employer, within four months from the date of the employee ' s notification of the creation by the employee of the No patent will be applied for for this breeding plant, as a result of which legal protection may be granted as a breeding achievement. The federal executive ' s achievement in terms of selection achievements will not transfer the right to a patent to another person ' s service selection achievement or inform the employee In this case, the employer shall, during the period of validity of the patent, return to the employee the right to obtain a patent for such a breeding achievement. a is entitled to use the service selection achievement in his own production under a simple (non-exclusive) licence, with compensation paid to the patent holder, size, terms and conditions 5. The employee has the right to receive remuneration from the employer for the use of the creation of the a service selection achievement in the amount and on the terms and conditions to be determined by the agreement between them, but not less than 2 per cent of the sum We are the annual income from the use of the selection achievement, including the income from the granting of licences. The remuneration shall be paid to the employee within six months of the expiry of each year in which the breeding fee has been used. 6. The right to remuneration for a service breeding achievement is inalienable, but goes to the author ' s heirs for the remainder of the exclusive right. this, issued or identified by an employee using the employer ' s monetary, technical or other material means, but not in the performance of his or her work or specific duties The right to obtain a patent for a breeding achievement and the exclusive right to such a breeding achievement are vested in the employee. kel has the right, at its choice, to request a free (non-exclusive) licence for the use of a selection achievement for its own use for the duration and The Panel recommends no award of compensation in the amount of US$ 1 million for the exclusive right to the removal or reimbursement of costs incurred in connection with the creation, installation or identification of such a selection achievement.