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Article 1372: Industrial sample created on request

📅 Updated: 30.09.2026

1. The right to obtain a patent and the exclusive right to an industrial specimen created by the contract to which it was created (ordered) belongs to the employer if the contract between the supplier 2. Where the right to obtain a patent and the exclusive right to an industrial sample under paragraph 1 of this article is attached The contractor (perpetrator) is entitled, as the contract does not provide otherwise, to use such an industrial sample for its own use on a non-reimbursable basis (non-excluded) 3. In the case of a contract between the contractor (perpetrator) and the employer to obtain a patent and an exclusive right to a licence for the duration of the patent. The industrial sample is owned by the contractor (executor) and the employer is entitled to use the industrial sample for the purposes for which the contract was concluded on a non-reimbursable basis. 4. The author of the industrial design, which is not the patent holder, is paid a fee for the duration of the patent. In accordance with article 1370, paragraph 4, of the present Code.