In accordance with the decision of the Parliament:

ARTICLE 1

The other person employed, the worker, the invention of the patent protected by the patent in Finland is in force, as laid down in this Act. Similarly, this law must also apply to a person in the post-office relationship.

If the employer takes the right of an employee to make an invention which limits the employee's right to seek or obtain a patent, it is considered to be an invention in that regard in Finland as an invention protected by a patent, unless the employer proposes The probable causes of obstacles to the granting of a patent. (10.6.1988/526)

The invention of a person employed by the Finnish university in a Finnish university or in a Finnish university study in a Finnish university is subject to the right of access to higher education The law on inventions (169/2006) . (19,2006/370)

This law does not apply to a person in the service of a defence institution under military service law. (10.6.1988/526)

For the purposes of this Law, the group shall: (1336/1997) Section 6 of Chapter 1 And of undertakings within the meaning of Article 5 and 6 (2) of Chapter 1 of the Accounting Act. (15/122000/1078)

ARTICLE 2 (10.6.1988/526)

The provisions of this law must be complied with, provided that it is not otherwise agreed or can be regarded as having an employment relationship or other matters. However, the contractual term of Article 3, Article 6 (2), Article 7 (1) and (3), Article 7a, § 8 (2) and Article 9 of the Law is invalid.

ARTICLE 3

The worker shall have the same right to his invention as other inventor, subject to the provisions of this or other law.

§ 4 (15/122000/1078)

Where an invention has been generated as a result of activities carried out in order to carry out the duties of an employee, or by material use, by the employer or with the employer, in the shop or establishment of the same group, Experience, the employer is entitled if the exploitation of an invention falls within the scope of the invention of the employer or of an undertaking belonging to the same group of companies. If the invention is the result of a specific task assigned to the worker, the employer shall have the right to do so, even if the exploitation of the invention does not fall within the scope of the employer's or the same group of undertakings.

In the case of an invention, the exploitation of which belongs to the field of activity of an employer or a group of undertakings belonging to the same group but which has been generated within the meaning of a contract other than that referred to in paragraph 1, the employer is entitled to: To obtain access to the invention.

If the employer wishes to obtain a broader right to the invention referred to in paragraph 2 than it provides or a right to an invention born without a link to the employment relationship, however, the exploitation of which, however, belongs to the employer or the employer, In the field of activity of a group belonging to a group, the employer has the privilege of having the right to do so with the employee.

§ 5 (10.6.1988/526)

If an employee makes an invention as referred to in Article 4, he shall without delay inform the employer in writing of it and, at the same time, provide information on the content of the invention to enable the employer to understand the invention. At the request of the employer, the employee must also state his/her conception of the relationship with the employment relationship.

Where an employee has been informed prior to the birth of the obligation referred to in paragraph 1 to the employer of the undertaking belonging to the same group, which is substantially different from that of the employer, The obligation to notify also inventions in the field of activity of the former. (15/122000/1078)

ARTICLE 6

The employer who wishes to acquire the right to an invention under Article 4 (1) or (2) shall, within four months of receipt of the notification referred to in Article 5, notify the employer of the To the employee that he is taking on himself a certain right of invention. In the course of that period, the employer shall also use the privileges of Article 4 (3) to him.

Until four months after receipt of the notification referred to in Article 5, the employee shall not, without the written consent of the employer, order the invention referred to in Article 4 or express any of it in such a way that it may: As a result of the discovery or exploitation of an invention on behalf of another. However, the worker is entitled, after having made a declaration under Article 5, to apply for a patent in Finland. In such cases, the worker may not submit an application to the patent authorities before a month has elapsed since he gave the employer a written declaration stating that his intention was to apply for a patent for the invention. (15/122000/1078)

§ 7

When, according to Article 4 of the employer or otherwise, the employer is entitled to an invention, the worker has, even if the invention was otherwise agreed, the right to receive a reasonable remuneration from the employer.

Such compensation shall in particular take into account the value of the invention and the extent to which the employer is entitled, as well as the conditions of the contract and the importance of other aspects of the employment relationship for the creation of an invention.

If the claim for damages has not been brought within ten years of the employer's notification of the acquisition of the right to an invention, the right to appeal is lost. However, when a patent has been applied for, the application may always be brought within one year of the grant of the patent. (10.6.1988/526)

§ 7a (10.6.1988/526)

The employer is obliged to provide the worker with the information necessary for the purpose of determining the amount of the invention, in particular the patents applied and granted to the invention and the invention of the product or invention. The quantities of manufactured products and their selling prices.

The employee is obliged to provide the employer with the necessary information concerning the invention and its exploitation.

§ 8

When a patent has been applied for, within six months of the termination of the employment relationship, an invention which should be subject to the provisions of Article 4, if the invention had been made during a period of employment, the invention must be regarded as effective, unless the inventor Provide probable cause for its birth after termination of employment.

The contract between the employer and the employee that limits the latter's right to determine an invention which is made more than one year after the termination of employment is null and void.

§ 9

Notwithstanding the determination of the compensation referred to in Article 7, the court or tribunal may order otherwise, provided that the circumstances which have substantially changed give rise to the subject. However, an employee cannot be obliged to repay the compensation already paid.

The application of the unfair terms of the contract on the right to invention by the employee is in force, as is the case in the law on property law (208/29) Is provided for. (17/08/98)

ARTICLE 10 (10.6.1988/526)

Anyone who has been informed by this law of an invention, another business or professional secret, or of another financial position, shall not be allowed to express it in an unauthorised manner.

ARTICLE 11 (10.6.1988/526)

With regard to the adoption of this opinion, the Act concerning the application of this law or of the law on the right to inventions in higher education is an invention board composed of a chairman and eight other members. (19,2006/370)

The President and two members shall be appointed by the Council for a limited period of time for persons who cannot be regarded as representing the interests of the employer or worker. The President and one of the other members, who is also Vice-President of the European Parliament, shall have the qualifications required for the appointment of a judge and who are familiar with the duties of the judge. The other member must have been trained and trained in the field of patents.

Other members who are familiar with working conditions and invention, three of whom represent the employers' side and three employees, are appointed by the Council of State for a term of three years, on a proposal from the organisations concerned. (19,2006/370)

Each member of the Board shall appoint one alternate member who shall satisfy the requirements laid down.

Article 11a (10.6.1988/526)

The opinion of the Committee of Inventions may be requested by the employer and the employee and by the Court of Justice, when the dispute has been brought before it. The same right shall also be granted to the Government of the Patent and Registration Office if the application for an invention is pending. The party shall inform the Board of whether or not he intends to comply with the opinion. The notification shall be made within two months of the end of the month in which the party received the opinion. (15/122000/1078)

The Board may also act as an arbitrator if the employer and the employee so agreed. In this case, the arbitration law shall apply. (14,26) , subject to this law.

The cost of the Board's activities shall be borne by the State. In the event of the Board acting as an arbitrator, the Board of Directors, members and secretaries shall be appointed by the Ministry of Trade and Industry.

The Board of Appeal shall be entitled to receive from the employer and with the same group of companies the information necessary for the purposes of the opinion. The Board shall publish its opinion and its arbitration if it is not wholly or partly contrary to the law of the authorities (18/09/1999) The obligation of professional secrecy. Where a patent application for an invention is pending, the opinion shall not be published until the documents are patent law (550/1967) Public service. (15/122000/1078)

More detailed provisions on the Board are issued by the Council of State.

Article 11b (19,2006/370)

In the context of the invention board referred to in Article 11, there may be a Chamber for matters relating to inventions in higher education. As provided for in Articles 11 and 11a, the role and functioning of the panel shall apply mutatis mutandis to the section on university discoveries.

The Chamber shall be chaired by the Chairman of the Committee on the Environment. The two neutral members of the Committee of Inventions, acting as neutral members, shall be members. The other members, who should be familiar with the conditions of higher education, who are familiar with the development of their inventions, and three of whom represent the higher education institutions and represent the inventors as employees, shall appoint the Council of State for three years at a time. On a proposal from organisations. Each member of the Chamber shall be appointed by the State Council to appoint one alternate member who satisfies the requirements laid down by the member.

The Chairperson of the Board of Directors, together with the neutral members, shall decide on matters to be dealt with in the division.

ARTICLE 12 (31.1.2013/102)

Any disputes relating to the rights of the employer or worker under this Act shall be dealt with in market law. In this case, where applicable, the law on patents shall apply mutatis mutandis.

The case shall be dealt with in market law if the dispute concerns the right to an invention within the meaning of this law sought by the European Patent Convention referred to in the European Patent Convention ('SopS 8/1996 ') and, where the worker was principally engaged in that invention, Worked in Finland. If the State in which the worker was mainly employed cannot be demonstrated, the case will be dealt with in market law if, at the time of the discovery of the invention, the employer had an establishment in which the employee who made the invention was employed. A case may also be dealt with in market law if the parties to the dispute have agreed orally or in writing that the market right is the competent court in the case and such an agreement is permitted under the law of the State of the Legislation applicable to the employment contract.

ARTICLE 13

More detailed provisions on the application of this law will be adopted by the Regulation.

ARTICLE 14

This Act shall enter into force on 1 January 1968.

This law shall not apply before 1. 1. 1968, the invention of inventions.