Regulation On The Right Of The Employee To

Original Language Title: Asetus oikeudesta työntekijän tekemiin keksintöihin

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1988/19880527

The presentation of the Minister of trade and industry, provides for the right of the employee to the law of 29 December 1967 (656/67) in accordance with article 13: the rights of the worker to do 1 of The invention are the right of the employee to Act (656/67), hereinafter referred to as the employee in accordance with the law, moved to the employer and the invention of this invention patent, will intends to apply for an employee to sign a transfer of rights transfer to the patenting of an invention, as well as any other necessary documents, except when the employee takes the that the rights to an invention he has not moved on to the employer.
The signing of the documents referred to in subparagraph (1) does not affect the invention to the employee the amount of the compensation.


section 2 of the employment relationship is the invention of the article 7 of the law: (1) equitable remuneration within the meaning of the employee is entitled to under the law, the rights to the invention to the employer.
If the employer and the employee agree to surrender the rights back to the employee's rights to take into account the compensation-reducing factor.


section 3 of the Employee invention law, paragraph 7, of the value of the invention for the purposes of subsection 2 the economic value of the invention. The value of the total financial impact will also be taken into account in determining when an invention is only part of a greater whole. It is also to be taken into account, as well as the value of the invention by the employer and with belonging to the same group of the company's own use of the rights of the subject. (21.12.2000/1218)
The invention on the basis of the measured value shall be determined on the basis of the economic benefits that the employer will be the introduction of an invention, such as the invention of producing raw materials, labour, or for energy efficiency. The benefit is calculated by subtracting the yield caused by the introduction of an invention an invention after the announcement caused by such investment, research, experimental, patent and other costs, which have been essential to the use of an invention or a sales order.
If the quality and the use of an invention due to the or for any other reason the value of the criterion mentioned in paragraph 2, the invention is not appropriate is determined by the value of the license agreements. In this case, set the value of the invention on the basis of the licence fee, which the employer could have the same right to a free invention. Transfer of the rights to the invention as the invention of the license agreement shall be considered in accordance with the agreement, net income. If the license agreement also sold the rights to the invention, such as the more than know-how, is the proportion of the price of the other factors included in the trade to reduce the value of the invention.
If the criteria for determining the listed in paragraph 2 and 3 may not be used, on the basis of the assessment to set the value of the invention.


section 4 of the employment relationship is the invention of the article 7 of the law of the right of the employer to the extent of which has been mentioned in paragraph 2 shall include the rights that an employer has made an invention under article 4.


the assessment of employee invention law article 5, paragraph 7, of the terms of the contract of employment referred to in paragraph 2, and the emergence of other factors, the importance of the invention related to the employment relationship, is to pay attention to how the activity is set up and solved, such as the way in which the employer's technology and equipment has been used, as well as what is the status of incumbents and the role of the inventor, as well as his employer.


section 6 of the fair compensation for the value of the part of the determination of the form of the invention, which must be taken into account in paragraphs 4 and 5 of the mentioned factors.


section 7 Reasonable compensation shall be determined in such a way that it is made up of part time and part of the royalty.
The economic importance of the invention is a minor, the invention of the remaining unused or other special reasons, the compensation may, however, be set up in the form of a lump sum. Also, when the invention of the reservation clearly is part of the employee's actual work and the value of the invention is a minor, or when you cannot identify the kind of sale price on which the royalty could be calculated, can be set up in the form of a lump sum compensation.


section 8 Above, paragraph 7, of the royalty compensation will be determined as a percentage of the price of the products conforming to the invention or the method of the price of the products manufactured in accordance with the invention. Product form only a part of the markkinoitavasta kokonaistuotteesta the royalty compensation may be set as a percentage of the price of the product as a whole, but it is to pay attention to the invention.
The royalty of the compensation shall be paid from the date on which the invention is being exploited, to a maximum of 20 years.


Article 9 this Regulation shall enter into force on 1 October 1988.

The change of the date of entry into force and the application of the acts: 21.12.2000/12: This Regulation shall enter into force on 1 January 2001.