Decree of the Office of Inventions and Discoveries No. 103 / 1972 Coll.
Decree of the Office for inventions and discoveries on the management of inventions, improvements and industrial designs and on their planned use in the national economy
Valid
Effective from 01.01.1973
Contents
103
DECLARATION
Inventions and discoveries office
of 18 December 1972
on the management of inventions, improvements and designs and their planned use in the national economy
The Office for inventions and discoveries pursuant to Article 155 (1) (b) of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and designs (hereinafter referred to as "the Act '), in agreement with the Federal Ministry of Finance and the central authorities involved, provides:
Management of inventions, designs and improvements
Management of inventions and designs
(1) An invention and an industrial design created by the author or by one of the co-authors in the performance of his / her duties, a member or other similar relationship to, or directly related to, a State organisation (hereinafter referred to as "employment relationship"), or for its physical support, shall be managed by that organisation; an industrial design created by the author or by one of the co-authors under a contract with a state organisation shall be managed by the organisation with which the contract has been concluded.
(2) The management of the invention and industrial design created by the author or by one of the co-authors in employment with several state organisations or with the material support of several state organisations and the management of the industrial design created by the author or by one of the co-authors under contract with several state organisations shall be the responsibility of the State organisation in respect of which the invention or design was created in the performance of the tasks. If the AIFM cannot be so designated, it shall be designated by the Office for Inventions and Discoveries (hereinafter "the Office ') on a proposal from the central competent authority.
(3) The other inventions for which the copyright is sought and the design for which the certificate is sought are managed by a state organisation designated by the Office on a proposal from the competent central authority.
(4) The management of the inventions and designs referred to in paragraph 1 and in paragraph 2, first sentence, arises from the date on which the copyright certificate is issued on the invention and the design certificate. For inventions and designs the administrator of which determines the Office, the administration shall be the date specified in the Authority's decision.
(1) A state organisation managing an invention or industrial design is required, within the limits of the obligations laid down by law, in particular:
(a) take care of the planned versatile use of the managed invention or design, including its extension to other organisations, in particular by promoting, offering and transmitting documentation, providing technical assistance, passing on experience and training staff; to carry out a survey of the economic usability of the invention or industrial design and report the result to the author and the Office;
(b) to take care, in cooperation with the competent authorities and organisations, to the extent necessary of the application of the invention or industrial design abroad, in particular in the context of economic and scientific and technological cooperation;
(c) to protect the interests of the State as well as the legitimate interests of the author of the invention or industrial design, to ensure, in cooperation with him, the protection of the invention or industrial design in the Czechoslovak Socialist Republic and abroad, to represent the author at his request to the Office and to inform him of the creation of the administration and of all the facts relevant to the creation and level of the right to remuneration;
(d) to register managed inventions and industrial designs, to collect and properly store all their related documentation material.
(2) In order to fulfil the obligations referred to in the preceding paragraph, the administrator of the invention or design shall be entitled to require the cooperation of other organisations.
(3) The provisions of the preceding paragraphs apply mutatis mutandis to the Office where it manages inventions and designs (Sections 50 (1) and 102 (1) of the Act).
(4) The cooperative, social or other socialist organisations entrusted with the exercise of the rights and obligations arising from the administration shall carry out the duties and powers referred to in paragraphs 1 and 2 to the extent laid down by the Office.
(1) A State organisation which, by granting a copyright certificate for an invention or an industrial design certificate, becomes the administrator of an invention or design as referred to in paragraphs 1 (1) and 2 (2) of the first sentence, is entitled and is required to take the measures referred to in paragraphs 2 (1) and (2) since the application for an invention or industrial design has been filed, which, taking into account the state of the application for the invention or design and the degree of development of their object for use, are necessary to ensure the protection and use of the invention or design.
(2) In the case of inventions and designs to be determined by the Office by the administrator, the Office shall, on a proposal from the competent central authority, notify, if the application complies with the requirements laid down, the State Organisation that, after granting the copyright certificate for the design or certificate for the design, it will be designated by the administrator of the invention or design. At the same time as that notification, it shall send it a copy of the application for an invention or design with a description and drawings. The provisions of paragraph 1 shall apply mutatis mutandis to that State organisation as from the date on which it received the Authority's notification.
(3) The provisions of paragraph 1 shall apply mutatis mutandis to the Office in respect of inventions or designs the administration of which will be the responsibility of the Office. The Office may entrust a cooperative, social or other socialist organisation which it intends to entrust, after the granting of a copyright certificate for an invention or an industrial design certificate, the exercise of the rights and obligations arising from the administration, which, following the filing of an application for an invention or design, is empowered to take the measures necessary to ensure the use and protection of an invention or design (Section 6 (3) of the Act). The authority shall determine the scope of the organisation's rights and obligations; at the same time send it a copy of the application for an invention or design with a description and drawings.
(1) The establishment of the administration, the name and the registered office of the administrator of the invention or industrial design or the mandate to exercise the rights and obligations arising from the administration shall be entered in the register of inventions or in the register of industrial designs and published in the Bulletin and shall give the administrator a management decision.
(2) The Office shall send to the administrator one copy of the copyright description on the invention or the industrial design certificate.
The competent authorities shall, in their field of competence, supervise the organisation's proper compliance with its administrative obligations and, if irregularities are detected, arrange for their removal. The removal of defects from the command of the supervisory authority shall relate to the cargo of the organisation responsible for management.
(1) The management of an invention or industrial design shall be transferred between national organisations, if it is in the interest of the national economy, by decision of the Office, on a proposal from the central authorities of the superior organisations between which the management is to be transferred, in particular:
(a) if the property is transferred, in particular when the organisation or reorganisation is established;
(b) on the transfer (change) of a production programme, where it relates to an invention or industrial design or because the former administrator is not competent to manage;
(c) where the managed invention or industrial design is part of the task of developing science and technology transferred by the organisation to the research and development base.
(2) Where the interests of the national economy so require, the management of the invention or industrial design may be transferred between national organisations by decision of the Office on a proposal from the competent central authorities to the organisation which first used the invention or design.
(3) The Office shall give the organisation a decision on the transfer of the administration and inform the author of the invention or industrial design thereof.
Management of improvement proposals
(1) The management of the improvement proposal arises from a positive decision on the application for the improvement proposal.
(2) The creation of the management of the improvement proposal is recorded in the diary of the improvement proposals.
(1) A state organisation managing the improvement proposal is required, within the limits of the obligations laid down by law, in particular:
(a) to take care of the planned, versatile use of the managed improvement proposal, including its extension to other organisations, in particular by promoting, offering and transmitting documentation, providing technical assistance, passing on experience and training staff;
(b) to take care, in cooperation with the competent authorities, of the possible application of the improvement proposal abroad in the context of economic and scientific and technological cooperation;
(c) protect the interests of the State as well as the legitimate interests of the author of the improvement proposal and inform him of the establishment of the administration and of all the facts relevant to the creation and level of the right to remuneration;
(d) to register managed improvement proposals, to collect and properly store all their documentation material.
(2) Paragraph 2 (2), (3) and (4) and Article 5 apply mutatis mutandis to the management of improvement proposals.
(1) A State organisation which, pursuant to Article 69 (1) of the Act, becomes an administrator of an improvement proposal is entitled and is required to take the measures referred to in Article 8 from the submission of an application for improvement, taking into account the state of the examination of the application for improvement proposal and the degree of elaboration of the subject matter of the application.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to the Office in respect of improvements to be managed by the Office. The Office may entrust the cooperative, social or other socialist organisation which it intends to entrust with the exercise of the administrative rights and obligations arising from the application for an improvement proposal, in order to take the measures necessary to ensure the use and protection of the improvement proposal (Section 6 (3) of the Act).
The management of the improvement proposal shall be transferred, where it is in the interest of the national economy, between national organisations by decision of their superior bodies, in particular:
(a) if the property is transferred when the organisation or reorganisation is established;
(b) on the transfer (change) of the production programme, where it relates to the subject matter of the improvement proposal.
Planned use of inventions, improvements and industrial designs
Inventions and designs become national property by granting a copyright certificate for an invention or an industrial design certificate with effect from the date of filing of the application for an invention or design (Sections 46 (3) and 98 (3) of the Act). All socialist organisations (hereinafter referred to as "organisations') have the right to exploit inventions and designs which are national property, unless the Office has provided for an exemption under Paragraph 104 of the Act for industrial designs, as well as improvement proposals.
(1) Organisations are required to ensure the widest possible use of inventions, improvement proposals and industrial designs, in particular in the performance of the tasks of the economic plans, and to ensure that they are used in accordance with the procedure and within the time limits for drawing up the proposals for economic plans and to monitor their use following the monitoring of those plans.
(2) Organisations shall be required to notify their superior authority and the Office of the socially important economically and technically progressive inventions, improvements or designs, so that they propose their use to national economic plans and assess their use within the Council of Mutual Economic Assistance.
(1) An organisation proposed by the Office or a superior central authority for a significant invention, improvement proposal or an industrial design for use, indicating the basic parameters of its progressivity, is required to carry out an assessment of the economic and non-economic benefits relevant for their use. The report on the outcome of the evaluation shall be submitted by the organisation to the appellant within three months and, if the result is favourable, shall indicate whether it will make use of it and indicate which other organisations may make use of the invention, improvement proposal or industrial design; otherwise, the organisation shall attach material justification to the report on the outcome.
(2) Organisations shall also be required to assess the economic usability of inventions, improvements and industrial designs received from the AIFM, from another organisation or from their superior bodies or from the Office or from the author, and report the outcome of the investigation to the appellant and the AIFM within three months of their receipt.
(3) An organisation benefiting from an invention, improvement proposal or industrial design is required to ensure its use in all the lower organisational components in which it can be used; at the same time, it shall immediately notify the administrator of the invention, improvement proposal or industrial design of the initial use, the social benefits achieved and the amount of the author's remuneration. In the case of inventions and designs, the organisation shall also notify the Office of such data. If the other organisations eligible for use are subject to the same authority, the organisation may fulfil this obligation by submitting supporting documents to the superior body, which, without prejudice to the right of the transferring organisation to pay under Section 123 of the Act, recommends their extension in its field of competence in accordance with the needs of the national economic plans.
(1) An organisation which first introduced an invention, an improvement proposal or an industrial design and has drawn up the documents necessary for its use, or has prepared only the documents necessary for its use, which have not been passed on as a result of the development of science and technology and similar activities for financial compensation, is required to transmit these documents on request and to provide technical assistance to other organisations.
(2) For the purposes of the subject matter of the invention, improvement design and design, the transferring organisation shall be entitled to require from the receiving organisation a maximum of 30% of the costs it has incurred for the research and development necessary for the development and testing of the invention, improvement design or industrial design. The total amount of refunds received may not exceed the costs actually incurred.
(3) The organisation which has drawn up the supporting documents shall also mean the organisation which has ordered the production of the supporting documents from another organisation at its expense.
(4) The treatment of the remaining articles which have been manufactured or acquired in the research and development necessary for the development and testing of the invention, improvement design or design shall be governed by specific rules. *)
Transitional and final provisions
(1) The inventions made pursuant to Article 2 (3) of Act No. 34 / 1957 Coll. by the originator or one of the co-originators in connection with his work in a state organisation or with its physical support, for which patents have been granted on the date of application of the law (§ 150 (1) of the Act), are managed, for the period of validity laid down by the existing regulations, in accordance with the provisions on the administration of national property * *) and under § 50 (1) of the Act of the State Organisation in respect of which these inventions were created under these conditions.
(2) Industrial designs registered pursuant to Article 18 (2) of Act No 8 / 1952 Coll. as protected designs on a state organisation which are valid on the date of application of the Act (Section 153 (2) of the Act), are managed by that State organisation for the period of validity laid down by the existing regulations, in accordance with the rules on the management of national property * *) and under Section 102 (1) of the Act.
(3) Inventions which are not referred to in paragraph 1, for which the right to use is for the State pursuant to Article 3 (6) of Act No. 34 / 1957 Coll., for which patents are granted on the effective date of the Act (Paragraph 150 (1) of the Act), and industrial designs which are not referred to in paragraph 2, registered under Act No. 8 / 1952 Coll. as protected designs on cooperative, social or other socialist organisations, which are valid on the effective date of the Act (Paragraph 153 (2), are managed, for the period of validity laid down by the existing regulations, in accordance with the provisions on the administration of national property * * *) and under Sections 50 and 102 of the Act:
a) a state organization which before the effective date of Act No. 84 / 1972 Coll. such inventions or designs have been used or registered abroad or have made demonstrable preparations;
(b) in other cases, the Office which shall exercise the rights and obligations of the AIFM mutatis mutandis.
(4) The State organisations referred to in paragraph 3 (a) are required to submit to the Office, within six months of the date of application of this Decree, the full lists of inventions and designs they manage.
(5) Paragraph 4 of this Decree does not apply to inventions and designs referred to in paragraphs 1, 2 and 3.
(1) In the cases referred to in Paragraph 15 (3) (b), the Office shall:
(a) may, pursuant to Sections 50 and 102 of the Act, entrust the exercise of all or some of the rights or obligations arising from the administration of the invention or industrial design to a cooperative, social or other socialist organisation other than the State, in respect of which the invention was created under the conditions of § 2 (3) of Act No. 34 / 1957 Coll., or on which the industrial design was registered as a protected model under § 18 (2) of Act No. 8 / 1952 Coll.;
(b) designate, in accordance with the provisions on the management of national property * *) and pursuant to Section 50 of the Act, the administrator of the invention and pursuant to Section 102 of the Industrial Model, the State Organisation which, on the date of application of the Act of invention or of the Industrial Model, will use or register it abroad or make demonstrable preparations; simultaneously transfer the management of the invention or industrial design to that organisation.
(2) State organisations shall immediately communicate to the Office, in respect of the inventions and designs referred to in paragraph 1, the facts which, pursuant to the previous paragraph, are relevant to their designation by the administrator.
This Decree shall take effect on 1 January 1973.
Chairman:
Ing. White Head
*) Decree No. 141 / 1971 Coll., on the financing of non-investment costs of the development of science and technology and similar activities.
* *) § 72 of Economic Code No. 109 / 1964 Coll. as amended (full version No. 37 / 1971 Coll.).
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Regulation Information
| Citation | Decree of the Office for Inventions and Discoveries No. 103 / 1972 Coll., on the Management of Inventions, Improving Proposals and Industrial Designs and on their Planned Use in the National Economy |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.1972 |
|---|---|
| Effective from | 01.01.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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