Article 1371. An Invention, Utility Model or Industrial Design Created When Works Have Been Performed under a Contract 1. If an invention, utility model or industrial design has been created in the course of performance of a contractor's contract or a contract of performance of research and development or technological works which did not directly require the creation thereof the right to obtain a patent and the exclusive right to the invention, utility model or industrial design are owned by the contractor (performer), except as otherwise envisaged by a contract between the contractor and the customer. In this case the customer is entitled, except as otherwise envisaged by the contract, to use the invention, utility model or industrial design so created for the purposes for which the relevant contract was concluded, on the terms of a simple (non-exclusive) licence during the whole effective term of the patent without an additional fee being charged for the use. If the contractor (performer) assigns the right to obtain a patent or to alienate the patent proper to another person, the customer shall retain the right of using the invention, utility model or industrial design on the said terms.

2. If under the contract between the contractor (performer) and the customer the right to obtain a patent or the exclusive right to the invention, utility model or industrial design is assigned to the customer or to the third person designated by the customer the contractor (performer) is entitled to use the created invention, utility model or industrial design for his/its own needs on the terms of a freeof-charge simple (non-exclusive) licence during the whole effective term of the patent, except as otherwise envisaged by the contract.

3. In accordance with Item 4 of Article 1370 of the present Code a fee shall be paid to the author of the invention, utility model or industrial design described in Item 1 of the present article who is not the holder of the patent.

Article 1372. The Industrial Design Created on Order 1. If an industrial design is created under a contract which had the creation thereof as its subject matter (on order) the right to obtain a patent and the exclusive right to the industrial design is owned by the customer, except as otherwise envisaged by a contract between the contractor (performer) and the customer.

2. If according to Item 1 of the present article the right to obtain a patent and the exclusive right to an industrial design is owned by the customer the contractor (performer) is entitled, except as otherwise envisaged by a contract, to use the industrial design for his/its own needs on the terms of a free-of-charge simple (non-exclusive) licence for the whole effective term of the patent.

3. If according to a contract between the contractor (performer) and the customer the right to obtain a patent and the exclusive right to the industrial design is owned by the contractor (performer), the customer is entitled to use the industrial design for his/its own needs on the terms of a free-of-charge simple (non-exclusive) licence for the whole effective term of the patent.

4. In accordance with Item 4 of Article 1370 of the present Code a fee shall be paid to the author of an industrial design created on order who is not the holder of the patent.