Persons bound by working reports to an FIF or research institution in the FIF domain are required to report without delay to the FIF or to the research institution any creation of immaterial property within the meaning of s. 36, para. 1 and 2, of the Act of 4 October 1991 on the FIEs to which they participated (creators of immaterial goods).

¹ The creators of immaterial goods are obliged to participate in the procedure for the protection of immaterial goods and for recovery.

² This obligation remains after the completion of the working relationship with the EPF or the research institution concerned.

¹ The creators of intangible property must not compromise the protection of intangible property through early publication or otherwise.

² In research conducted in cooperation with third parties, the issue of confidentiality is regulated in the context of the protection of intangible rights. However, subsequent publication by the creators of immaterial goods must be guaranteed.

³ The protection of intangible assets should not unnecessarily delay publication.

The FIF or research institution determines whether its intangible assets can be economically valued and whether such valuation is appropriate.

¹ If the EPF or the research institution decides not to value intangible property, it shall, at the request of the creators, assign the rights to those immaterial goods or grant them the rights of use.

² The nature and extent of such rights, the possible participation of creators in the costs borne by the FIF or the research establishment, as well as the other conditions relating to such rights shall be agreed upon.

³ As far as computer programs are concerned, the assignment of rights or the granting of rights of use can only relate to the creators who have played a decisive role in the development of those rights.

The FIF or the research institution may transmit to third parties the rights enabling the valuation of intangible assets.

¹ The profit from the valuation of intangible property shall be distributed as follows:

A.

One-third to creators of intangible property; in the case of computer programs, this third party is attributed to creators who have been instrumental in the development of such programs;

B.

Two-thirds to the FIF or to the research institution, which pays part of this amount to the organizational units involved in the creation of the intangible property.

² The FIF or research institution may claim more than two thirds of the benefit:

A.

When the creation of the intangible property has resulted in research costs or other particularly high costs;

B.

Where the creators have not contributed to the recovery; or

C.

Where the profit obtained is exceptionally important.

³ The decision to make use of the option mentioned in para. 2 is the responsibility of the school or research institution. It may delegate this decision-making authority to one of its members.

⁴ The allocation quotas set out in paras. 1 and 2 shall be reduced proportionally where third parties have rights to the benefit derived from the recovery of the material property.

¹ The determining benefit for the allocation is the difference between gross revenue and total expenditure.

² Gross revenues include all cash and other valuable cash and recoverable benefits that are affected in consideration for the granting of intangible property rights.

³ Expenditures include the costs incurred by the FIF or the research institution, as well as those incurred by the institution for the protection and valuation of intangible assets.

FIFs and research institutions may agree in writing on the assignment of rights in intangible property or the granting of rights of use in such property and the applicability of the provisions of this Ordinance with People who are not employed within them.

The Ordinance of 24 March 2004 on Immaterial Goods and Participation in the FIF ¹ Is repealed.

This order shall enter into force on 1 ^Er January 2015.