§ 4. A Breeding Achievement Created, Developed
or Discovered in Line of Duty or when Works
Were Performed under a Contract

Article 1430. The Service Breeding Achievement

1. A breeding achievement created, developed or discovered by an employee in the line of duty or a specific assignment of the employer shall be deemed a service breeding achievement.

2. The right of attribution in respect of the breeding achievement is owned by the employee (author).

3. The exclusive right to the service breeding achievement and the right of obtaining a patent are owned by the employer, except as otherwise envisaged by a labour contract or another contract between the employee and the employer.

4. Except as otherwise agreed by the employer and the employee in a contract (Item 3 of the present article), the employee shall notify the employer in writing of the creation, development or discovery in line of the employer's duty or a specific assignment of the employer, of a result which can enjoy legal protection as a breeding achievement.
Unless within four months after the employee's notice of the result created, developed or discovered which can enjoy legal protection as a breeding achievement the employer files a patent application for the breeding achievement with the federal executive governmental body charged with breeding achievement matters or assigns the right of obtaining a patent for the service breeding achievement to another person or informs the employee that information about that result is to be kept secret, the employee shall own the right of obtaining a patent for the breeding achievement. In this case, the employer shall be entitled over the effective term of the patent to use the service breeding achievement on the employer's own production facilities on the terms of a simple (non-exclusive) licence, with the patent holder being entitled to compensation of which the amount, payment terms and procedure shall be defined by a contract between the employee and the employer or by the court in the case of a dispute.

5. The employee is entitled to receive a fee from the employer for the use of the service breeding achievement created, developed or discovered, in the amount and on the terms defined by agreement between them but below two per cent of the sum of annual income from the use of the breeding achievement, including incomes from licence granting. A dispute concerning the amount of, procedure or terms for payment of, a fee in connection with the use of the service breeding achievement shall be referred to the court to be resolved by it.
A fee shall be paid to the employee within six months after the expiry of each year in which the breeding achievement was used.

6. A breeding achievement created, developed or discovered by an employee with the use of monetary, technical or other material means of the employer but otherwise than in line of duty or a specific assignment of the employer shall not be deemed a service breeding achievement. The employee owns the right of obtaining a patent for the breeding achievement and the exclusive right to the breeding achievement. In this case, the employer is entitled at his/its own discretion to claim a freeof-charge simple (non-exclusive) licence for the use of the breeding achievement for the employer's own needs for the whole effective term of the exclusive right to the breeding achievement or a compensation for the expenses incurred by the employer in connection with the creation, development or discovery of the breeding achievement.

 

 

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