414.172 order of the ETH Board on intangible assets in the ETH domain of July 9, 2014 (Status January 1, 2015) approved by the federal Council on 12 September 2014 the ETH Board, view of art. 36, al. 4, of the Federal Act of 4 October 1991 on the EPF, stop: Section 1 Obligations of the creators of intangible goods art. 1 notifiable people related by work reports to an ETH or the ETH domain research institution are required to report without delay at the ETH or the research institution all creation of intangible assets within the meaning of art. 36, al. 1 and 2, of the Act of 4 October 1991 on the EPF in which they participated (creators of intangible goods).
Art. 2 participation in the protection and commercialization the creators of intangible goods are required to participate in the procedure of protection of intangible property and valuation.
This obligation continues after the end of the working relationship with the ETH or the research institution concerned.
Art. 3 publication reports the creators of intangible goods must not compromise the protection of intangible assets by early publication or in any other way.
In research conducted in cooperation with third parties, the issue of confidentiality is set contractually in the perspective of the protection of the immaterial rights. The later publication by the creators of intangible goods must, however, be guaranteed.
The protection of intangible assets should not unnecessarily delay the publication.
Section 2 development art. 4 determination of the possibilities of valorisation the ETH or the research institution determines if its intangible property can be subject to economic recovery and if such recovery is sound.
Art. 5 assignment or grant of rights if the ETH or the research institution decides to not value an intangible asset, she or he gives, on request of the creators, to these rights on this intangible property or gives them the rights to use.
The nature and extent of such rights, the possible participation of creators to the costs incurred by the EPF or research establishment, as well as other conditions related to these rights shall be adopted by mutual agreement.
Regarding computer programs, the transfer of rights or the granting of rights of use can only concern the creators who participated decisively in the development of these.
Art. 6 implementation of the valuation the ETH or the research facility can transmit to third parties rights allowing the valuation of intangible assets.
Section 3 Participation in the benefit of art. 7 principles the profit from the valorization of intangible property is distributed as follows: a. a third party to the creators of the intangible asset; regarding computer programs, this third party is attributed to the creators who participated decisively in the development of such programs; b. two third to EPF or research establishment, which pays part of this sum to the organizational units that participated in the creation of the intangible asset.
The EPF or research institution may request more than two-thirds of the benefit: a. when the creation of the intangible caused him search fees or other expenses particularly high; b. when the creators have not contributed to the valuation; OUC. When the resulting benefit is exceptionally important.
The decision to make use of the possibility referred to in para. 2 is the management of the school or the research institution. It may delegate the decision-making powers to one of its members.
Distribution quotas set out in paras. 1 and 2 are reduced proportionately when third parties have rights on the profit from the valuation of the property.
Art. 8 calculation of the profit in determining the profit for distribution corresponds to the difference between gross revenue and total expenses.
Gross revenues include all revenues in cash and other significant cash and valuable benefits that are affected in consideration of the grant of rights in intangible property.
Expenses include costs incurred attributable to EPF or research facility as well as the institution expects to pay as the protection and the valorization of intangible assets.
Section 4 people without work with an EPF reports or research facility art. 9. the EPF and research institutions can agree in writing to the assignment of rights in intangible property or the granting of rights to use such property as well as the applicability of the provisions of this order with people who are not employed in their breast.
Section 5 provisions final art. 10 repeal of another act the order of 24 March 2004 on intangible assets and investments in the ETH domain is repealed.
[2004 3313 RO]
Art. 11 entry into force this order comes into force on January 1, 2015.
RO 2014 3121 SR 414.110 State on January 1, 2015