Employee Inventions And Employee Designs According To The New IP Code

(LAW ON INDUSTRIAL PROPERTY NO. 6769 IN FORCE SINCE 10 JANUARY 2017)

Employee Inventions and Employee Designs

This is one of main areas of intervention of the new IP Code. The provisions of the repealed Decree-Law No. 551 of 27.06.1995 on Patents and Utility Models regarding "Employee Inventions" which had been adopted from the German Act on the subject have undergone substantial structural modifications under the new IP Code.

 Additionally the ad hoc Regulation issued under the IP Code introduces anew the criteria and parameters for determining and calculating the fee to be paid to the Employee inventor. As no such regulation was issued under the repealed Decree-Law No. 551 the issue of the determination and calculation of the fee to be paid to the Employee inventor remained unaddressed, for want of legislative basis, until the coming into force of the ad hoc Regulation on 29 September 2017.