The Law On The Right Of The Employee To

Original Language Title: Laki oikeudesta työntekijän tekemiin keksintöihin

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1967/19670656

In accordance with the decision of the Parliament, provides for: the work of the person, section 1 of the Second employee, from making the invention in Finland, irrespective of whether they can is in force, the provisions of this law. This law is accordingly also apply to civil servants in relation to the person.
If an employer having a right of the employee to make an invention, which limits the employee's right to seek or obtain the patent, an invention shall be considered as an invention in Finland, irrespective of whether they can in this respect, subject to the employer to provide probable cause for the granting of the patent, which would be obstacles. (10.6.1988/526)
A person employed by, or the Finnish University of the Academy of Finland, the Finnish Research Office of University research to the person in that capacity to make an invention shall apply to the right of the tasks of the law on higher education inventions (369/2006). (19 May 2006/370)
This law does not apply to compulsory military service on the basis of the laws of the person employed by the Department of Defense. (10.6.1988/526)
For the purposes of this law, the Group of the accounting Act (1336/1997) in accordance with article 6 of Chapter 1 of the group, as well as municipalities and municipal corporations and under its control, of the accounting Act, Chapter 1, section 5 and section 6 of the companies within the meaning of paragraph 2. (15.12.2000/1078) (10.6.1988/526), the provisions of this law is to be followed, if nothing else is agreed upon and cannot be regarded as relating to an employment relationship or other matters. Section 3 of the Act, section 6, subsection 2, section 7 (1) and (3), article 7 (a) of the first subparagraph of article 8 and article 9 of the agreement, however, the contrary is null and void.


section 3 of the employees have the same rights as the other inventor of their invention, unless otherwise provided in this or any other of the subject to the provisions of the law.


section 4 (15.12.2000/1078) if the invention is born in order to fulfil the responsibilities of an employee as a result of the activities for the benefit of the employer or his or substantially by using with the establishment of the company belonging to the same group of banknotes in circulation or acquired experience, the employer has the right to the exploitation of the invention by the employer or, if this is with the conduct of an undertaking belonging to the same group of companies, to get all or part of the right to an invention. If the invention was born as a result of the work of the employee, the employer is given the task in more detail the legal exploitation of the invention covered by the employer or, even if not with this company belonging to the same group of companies.
In the case of an invention, the exploitation of which belongs to the employer or with the scope of the company belonging to the same group but who was born in the context of the employment relationship other than that referred to in subparagraph (1), the employer is entitled to receive the right to use the invention.
If the employer wants to get to the invention of a broader law referred to in paragraph 2 as it provides for, or the right to an invention that is born without a connection to the employment relationship, but the abuse, however, is the employer or with the conduct of an undertaking belonging to the same group of companies of this sector, the employer has the privilege with the employee agreeing to receive the rights in question.


section 5 (10.6.1988/526) if the employee makes an invention referred to in article 4, the employer shall promptly inform in writing to her and, at the same time, give it to the content of such information, the employer on the basis of can to understand the invention. At the request of the employee, the employer shall also inform the concept of the employment relationship in the context of what the invention is born.
If the employee is the emergence of the obligation referred to in paragraph 1 before the received information with an employer belonging to the same group of the company's area of activity, which essentially differs from the operation of the employer, the employee's obligation to the inventions in the field of activity of the first company. (15.12.2000/1078) section 6 of the employer who wants to get himself under section 4, or (2) the right to an invention belonging to him, shall, not later than four months after the employer received the notification referred to in article 5, writing to inform the employee that he takes on a certain right to the invention. Within the said period will also be used by the employer for him under the third paragraph of article 4 of the privilege.
Until four months after the date of receipt of the notification referred to in article 5, the employee shall not, without the prior written consent of the employer to provide the invention referred to in section 4 or to express no its in such a way that it can be as a result of the exploitation of the invention public or on behalf of another person. The employee, however, have the right, after having made the notification provided for in article 5, apply for a patent for her invention in Finland. In this case, the employee is not allowed to leave the application with the patent authority, before the expiration of one month from the date on which he has given written notice to the employer, that his intention is to apply for an invention patent. (15.12.2000/1078) When the employer according to section 4, or any other employee on the basis of the right to the invention, the employee has, even though it would have otherwise agreed, before the invention of the emergence of the right to receive fair compensation from the employer.
Compensation for the value of the invention shall be had to the particular account shall be taken of the extent of the law, as well as received by the employer under a contract of employment conditions, as well as the importance of other aspects of the invention.
The action is not brought within ten years from the time when the employer has the right to an invention, a right of action is lost. When the invention claimed in the patent, the application can, however, always be initiated within one year after the grant of the patent. (10.6.1988/526), section 7 (a) (10.6.1988/526), the employer is required to provide the employee with the invention in order to determine the remuneration of the relevant information and, above all, to the invention of the quantities applied for and granted patents as well as the invention of the method of the invention of the products or the manufacture of products and prices.
The employee is required to provide to the employer the invention and use of the necessary information.


section 8 When a patent has been applied for within six months of the termination of such an invention, which should be subject to the provisions of article 4, if the invention had been made during the employment relationship, an invention shall be considered to have been filed unless the inventor during the present the most likely causes for its creation after the end of the employment relationship.
The agreement between the employer and the employee, that would limit the latter to the invention, which shall be concluded more than a year after the end of the employment relationship, shall be null and void.


Notwithstanding the provisions of section 9 of the judgment or agreement has specified the compensation referred to in article 7, the Court can impose on the contrary, if the circumstances have changed significantly. The employee does not, however, be required to return for remuneration.
On the right of the employee to make the invention, based on the criteria of the Treaty on the settlement of the legal action is in force, the Act on what varallisuusoikeudellisista (228/29) is provided. (17.12.1982/961), section 10 (10.6.1988/526) That is received under this Act the invention, another business or professional secret, or another financial status, must not be tampered with to express it to a third party.


section 11 (10.6.1988/526) in order to prepare its opinion, the tasks of this law, or the right to higher education on matters concerning the application of the law on inventions is the invention of the Board, President, and eight other members. (19 May 2006/370)
The Chairman and the two members shall be appointed by the Council of State for the people, which could not be regarded as representing the interests of employers and employees. The Chairman and the members of the second of these, which, at the same time works as a Vice-President, is going to be a judge for the post of judge of the measures required for graduates and familiar with. The second will be the technical training received and well versed in the field of patents.
Other members, who shall be familiar with the working conditions and the invention of the activities and three of which represents the työnantajapuolta and three by the Council of State shall be appointed by the workers ' Party, for a term of three years, on a proposal from the relevant organisations. (19 May 2006/370)
For each Member of the Board of the Council of State shall appoint one Member, the alternate member must meet the requirements laid down in.


11 (a) in the section (10.6.1988/526), the invention of the opinion of the Court, may request the employer and the employee, as well as the Court of Justice, when the invention of the dispute has been placed on it. The same right is also the Board of patents and registration of Finland, if the application for the invention. A party shall be made to the Board a statement about whether he will comply with the opinion. The notice must be given within two months of the end of the month, when the party got the song. (15.12.2000/1078)
The Board may also act as a referee, if the employer and the employee have so agreed. In this case, compliance with the law on arbitration (46/28), if this law does not change the result.

The cost of the Board is carried out by the State. The Board's Acting Chairman, the referee to fix the fees of the members and Secretary of the Department of trade and industry.
The Board has the right to obtain from the employer and its in the same group as the company and employee information, which are necessary for the adoption of the opinion. The Board will publish its opinions and its judgment, if it is not, in whole or in part contrary to the Act on the openness of government activities (621/1999) guarantees of professional secrecy. If the invention for a patent application is pending, an opinion should not be published until the documents are patent law (550/67) according to article 22, in the public domain. (15.12.2000/1078)
More detailed provisions on the Board to give the Council of State.

(L) the arbitration procedure 46/1928 has been repealed L:lla arbitration 967/1992. The Department of trade and industry is now the Ministry of employment and the economy. The Ministry of employment and the economy of VNA 1024/2007.



section 11 (b) (19 May 2006/370), section 11 of the said invention may be Chamber for matters of higher education functions of inventions. What are the 11 and 12 (a) of the role and activities of the Board applies, mutatis mutandis, on the korkeakoulukeksintöjä.
Be chaired by the President of the Chamber, the invention of the Chairman of the Committee. As members of the Board of two impartial neutral members of the working of the invention. The other members, which must be korkeakouluoloihin as well as the invention of the activities of higher education institutions as employers familiar with the and three of which represent and three to represent the inventors as employees, appointed by the Council of State for a term of three years, on a proposal from the relevant organisations. The State of each Member of the Chamber, one shall be appointed by the Council, which meets the requirements provided for by the Member.
Chamber Chairman to decide on the issues discussed as of the date of the invention together with the independent members.


section 12 (31.1.2013/102) to the employer or the employee according to this law the rights of deals in the market. In this case, shall apply, mutatis mutandis, to the proceedings of the patent, what matters.
The matter will be dealt with in the market, in the event of a dispute regarding the right to an invention within the meaning of this Act, which is retrieved from the European Patent Convention (Treaty Series 8/1996) on a European patent, and if the meaning of the employee doing this invention mainly worked in Finland. If the State in which the employee is mainly employed cannot be shown, the matter will be dealt with in the market, if the employer was, at the time of the invention in Finland such place of business, which employs an invention made by the employee was. The case can be dealt with in the market, even if the parties to the dispute have agreed, either orally or in writing that the market Court is a Court of competent jurisdiction, and that such an agreement is allowed under the law of the Member State to whose legislation the employment contract shall be applied.


the provisions of article 13 of this law shall be adopted for the application of the regulation more precise.


Article 14 of this law shall enter into force on 1 January 1968.
This law shall not apply until 1. 1. inventions made in 1968.

The change of the date of entry into force and the application of the acts: 17.12.1982/961: this law shall enter into force on 1 January 1983. It shall apply from the entry into force of the employee prior to the law based on the right to an invention made in the agreements.
THEY 247/81, lvk. Mrs. 6/82, svk. Mrs. 136 10.6.1988/526/82: this law shall enter into force on 1 October 1988.
This section 7 of the law and article 7 (a) shall not apply to an invention for which a worker has made the Declaration referred to in article 5, before the entry into force of this law.
THEY 3/88, another lvk. Mrs. 4/88, svk. Mrs. 45/88 December 22, 1995/1698: this law shall enter into force at the time of the decreed. (Regulation (EC) No 1698/1995 came into force 1 March 1996, in accordance with A 103/1996.)
THEY 161/95, TaVM 29/95, EV 170/95 15.12.2000/1078: this law shall enter into force on 1 January 2001.
THEY'RE 147/2000, 29/2000, TaVM EV 162/2000 of 19 May 2006/370: this law shall enter into force on 1 January 2007.
THEY 259/2004, SiVM 1/28/2006 31.1.2013 2006, EV/102: this law shall enter into force on 1 September 2013.
The dispute, which has become the District Court initiated before the entry into force of this law, upon the entry into force of this law, are treated in accordance with the provisions in force.
Before the entry into force of the law can be taken in the implementation of the law.
THEY LaVM 15/124/2012, 2012, EV 158/2012