Decree of the Office of Inventions and Discoveries No. 106 / 1972 Coll.
Decree of the Office for Inventions and Discussions on Remuneration of Discovery, Inventions, Improving Proposals and Industrial Designs
Valid
Effective from 01.01.1973
106
DECLARATION
Inventions and discoveries office
of 12 December 1972
on the remuneration of discoveries, inventions, improvements and industrial designs
The Office for inventions and discoveries pursuant to Article 155 (1) (c) of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and designs (hereinafter referred to as "the Act ') provides in agreement with the participating central authorities:
Scope
This decree provides:
(a) the remuneration of authors for the discoveries on which the diploma was awarded;
(b) the remuneration of authors for the use of inventions for which an author's certificate has been granted, for the use of improvement proposals for which an improvement certificate has been issued, and for the use of industrial designs for which an industrial design certificate has been granted;
(c) reimbursement of the costs of drawing up drawings, models or prototypes of the author of the invention, the improvement proposal and the industrial design referred to in (b);
(d) the remuneration for participation in the development, testing or introduction of discoveries and the invention, improvement or design referred to in (b);
(e) remuneration for warning of the possibility of making use of the invention and improvement proposal referred to in point (b).
Remuneration of discoveries
The remuneration for the discovery shall be determined on the basis of its importance for the further development of science, technology and economics, in particular the direct or indirect impact of the discovery on the relevant field of science or part of it and the possibility of its application in social practice and its expected economic importance.
(1) The Office for inventions and discoveries (hereinafter referred to as "the Office") shall determine and pay compensation for the discovery in agreement with the Czechoslovak Academy of Sciences or the Slovak Academy of Sciences or the Czechoslovak Academy of Agricultural Sciences no later than six months after the award of the diploma for discovery.
(2) The remuneration for the discovery is determined in the range of 5000 CZK to 100 000 CZK. In particularly justified cases, the President of the Office may propose to the Government of the Czechoslovak Socialist Republic to give his consent to the reward for the discovery of over 100 000 KKS.
Remuneration of inventions, improvements and industrial designs for domestic use
The remuneration for the use of inventions, improvements and industrial design in a socialist organisation (hereinafter referred to as "the organisation ') depends on the social benefits achieved by this use in the national economy, not solely on the benefit of the beneficiary organisation.
(1) The social benefit is the economic, technical or other benefit achieved by the use of inventions, improvement proposals and industrial designs, such as social work savings, resulting in a reduction in own costs and an increase in productivity, benefits in the production of new products in replacement or in the extension of the range of existing products. Furthermore, the social benefits are benefits in improving working conditions, improving job safety and other benefits.
(2) In determining the social benefits, account shall be taken of the costs associated with the introduction of the invention, the improvement proposal and the industrial design. However, no account shall be taken of remuneration for use and participation in the development, testing or introduction of an invention, improvement proposal or industrial design.
(3) When identifying different types of benefits, authorities and organisations are required to use information system data and base on comparable values.
(1) If the use of the invention, the improvement proposal and the industrial design to save its own costs is supported, the social benefits of differences in own costs incurred before and after the use of the solution are found. When comparing own costs before and after the use of the solution, account shall be taken of any savings, in particular on materials, wages, energy and the relevant items of production and administration. Where the use of the invention, improvement design and industrial design is based on the use of the invention and design, the cost of maintenance shall be saved, or the cost of production reduced, the social benefit shall be the difference between the cost of maintenance or the cost of manufacturing during one year before and after the use of the solution. If the maintenance or removal costs were not incurred at that time before the use of the solution, the difference between the average annual costs incurred shall be determined, but not more than three years before the use of the solution. For cases where investment cost savings are made, the basis for determining the remuneration for construction investments is 15% and for machinery investments is 30% of the difference between the budgetary and actual costs.
(2) If the use of the invention, the improvement proposal and the industrial design results in an increase in labour productivity, the social benefits of wage savings and an increase in the company's profits directly linked to the use of the invention, the improvement proposal and the industrial design shall be established.
(3) Where the use of the invention, improvement design and industrial design for the production of a new product is based on the use of the product, which replaces the existing product or several products for which the own costs are lower than those of the original product, the social benefits of the new product shall be determined from the difference of own costs for the existing products and new products and shall take into account any changes in the quality, durability and reliability of the products. If this is not the case, the social benefits, with the exception referred to in Paragraph 7 (2), shall be determined from the price calculation of the new product, namely the amount of the calculated profit per product. The result obtained shall be multiplied by the share of the invention, improvement or industrial design involved in the new product.
(4) If, on the basis of the use of the invention, the improvement proposal and the industrial design, the benefits of improving working conditions or improving the safety of work are achieved, the social benefits shall be expressed according to the degree of danger or deficiencies which are eliminated by the use of the invention, the improvement proposal and the industrial design, taking into account the number of workers at risk.
(5) If the technical and economic benefits of the invention, the improvement design and the industrial design of the product are manifested for the consumer, the basis for determining the remuneration is 10-30% of the observed social benefit for the consumer from the use of one product multiplied by the number of products produced. The conditions for determining the percentage shall be determined by the competent central authorities in their field of competence in agreement with the Office.
(1) When the use of invention, improvement design and industrial design of various types of benefits is achieved under the previous provisions, the social benefit is the sum of those benefits.
(2) If the social benefit cannot be quantified or expressed in accordance with the previous provisions or its quantification would be extremely difficult or would entail disproportionate costs, or the social benefit determined in accordance with the second sentence of Paragraph 6 (3) and the third would not sufficiently reflect the economic, technical or other benefit from the use of the invention, improvement proposal and industrial design, the organisation is obliged to appreciate the social benefit by economic analysis.
(1) For the level of remuneration for the use of the invention in the organisation, the social benefit (§ 5) achieved for the invention in the most advantageous year of the first five years of exploitation is decisive; for the improvement proposal and for the industrial design, the benefit achieved in the most favourable year of the first three years of exploitation is decisive for the level of remuneration for use. If, in the case referred to in the last sentence of Article 6 (1), the duration of one use of the whole article of invention or improvement proposal for a longer period than that of the previous sentence, the amount of remuneration for the use of the invention or improvement proposal in the organisation shall be decisive for the social benefits achieved in that longer period.
(2) The remuneration for the use of the invention is higher than the remuneration for the use of the improvement proposal and the industrial design when achieving the same social benefits due to the requirement of world novelty in the invention.
(1) The author of the invention, improvement design and industrial design has the right to remuneration from any organisation which has benefited from the invention, improvement design or design.
(2) If the body superior to the organisations is able to settle the remuneration for the use of the improvement proposal under Paragraph 76 (1) of the Act, the remuneration shall be equal to the sum of the remuneration the author would receive from each such organisation.
The remuneration for the use of the invention, the improvement proposal and the industrial design shall be determined in accordance with Part I of the Tariff; If the invention, improvement proposal or industrial design improves working conditions or increases the safety of work, the remuneration shall be determined in accordance with Part II of the Tariff. The planting plant is part of this decree.
(1) A tariff-based remuneration may be increased by up to 200% if the invention, improvement proposal or design contributes exceptionally to the development of the national economy, or if the invention, improvement proposal or design improves or significantly affects working conditions or increases the safety of work in particularly vulnerable workplaces.
(2) The closer conditions for increasing the remuneration referred to in paragraph 1 are laid down by the competent central authorities in agreement with the Office in accordance with the needs of the national economy in their field of competence.
The tariff remuneration for the use of the invention or improvement proposal shall be increased by 100% in an organisation in which the author is working on the tasks of the invention or improvement proposal, provided that such use results in a change in the applicable performance standard.
Where an organisation makes use of an invention, improvement proposal or industrial design in each year of the period referred to in Paragraph 8, a supplement equal to 25% of the remuneration for the most favourable year of use shall be paid in accordance with the previous provisions. This provision cannot be applied in the case of one-off remuneration under Paragraph 18.
Remuneration of inventions, improvements and industrial designs for use abroad
(1) If, on the basis of the transmission of an invention, an improvement proposal or an industrial design to be used abroad in the context of economic and scientific and technical cooperation between the member countries of the Council of mutual economic assistance, the author is remunerated under the relevant inter-state agreements.
(2) If such an agreement is not concluded, but an invention, improvement proposal or an industrial design has also been used in the country, the author shall be remunerated for such use abroad in order to increase the remuneration for domestic use in accordance with § 11 of this Decree. If such an invention, improvement proposal or industrial design has not been used in the country but has been used abroad, the author shall be remunerated up to 10 000 CZK for the invention and up to 2000 CZK for the improvement proposal or industrial design.
(3) The remuneration referred to in the previous paragraph shall be determined and paid by the Central Office or by the authority which has submitted such an invention, improvement proposal or design in the context of economic and scientific and technical cooperation between the member countries of the Council of mutual economic assistance.
Where an invention or industrial design is used abroad on the basis of a licence or similar contract, a remuneration shall be paid to the author of the invention up to 20% of the net selling price or royalties for the invention, the author of the industrial design, up to 15% of the net selling price or royalties for the design. The licence fee shall be paid during the period of validity of the licence contract but for a maximum period of 10 years.
(1) When a technical assistance contract has been concluded to a foreign candidate whose object is a copyright-protected solution, the reward of the author of the invention amounts to up to 20% of the net benefit for the technical assistance provided, but only to that part which relates to such an invention.
(2) Where a technical assistance contract has been concluded to a foreign candidate whose purpose is the solution contained in the Czechoslovak application for an invention in which an author's certificate is applied for, or the solution contained in an improvement proposal or an application for an industrial design in which a certificate is applied for, or a solution protected by an industrial design certificate, the reward of the author shall be up to 15% of the net benefit of the price obtained by providing the technical assistance, but only that part of it which relates to such an invention, improvement proposal or industrial design.
(3) If the author of the invention, improvement proposal or industrial design is involved in the provision of technical assistance in person, his fees paid for providing technical assistance shall not be added to his remuneration for the invention, improvement proposal or industrial design.
(4) In determining the percentage, account shall be taken of how the author of the invention, improvement proposal or industrial design contributes to the provision of technical assistance.
Common provisions
(1) The remuneration for the use of the invention is determined in the range from 1000 KCs to 500 000 KCs. The remuneration for the use of the improvement proposal and the industrial design shall be set in the range of 200 CZK to 200 000 CZK. This limit also applies to the total of all rewards for the use of the same invention, improvement design and industrial design in the country and abroad.
(2) A remuneration may be paid for the use of the invention referred to in paragraph 1 and for the use of the improvement proposal and for the use of the industrial design referred to in paragraph 1 and for the use of the industrial design referred to in paragraph 1, and for the use of the design referred to in paragraph 1, above the amount of 500 000 Kčs.
(3) The central authorities may, in directives issued under the provisions of Section 145 (2) (d) of the Act, lay down for their scope the arrangements for approving the payment of remuneration for the use of inventions, for the use of an improvement proposal and for the use of an industrial design.
(1) The organisation may agree with the author of the invention, improvement proposal or industrial design that the remuneration under this decree will be paid to the author on a one-off basis.
(2) A one-off remuneration shall be determined on the basis of the valuation of the expected social benefits by economic analysis and may not exceed 20 000 CZK in the beneficiary organisation, including any increase.
(1) If the parties do not agree on a shorter period of payment of the remuneration, the remuneration or, where applicable, the remuneration for the first year of use shall be payable within one month of the expiry of one year from the beginning of the use of the invention, improvement or industrial design. If, in any other year of the relevant period of greater social benefit, the corresponding remuneration shall be paid within one month of the end of the relevant year of use.
(2) The supplement provided for in § 13 of the Decree is due within one month of the expiry of the period referred to in § 8.
(1) The author is entitled to meet the reasonable costs associated with drawing up drawings, models or prototypes supplied by the organisation at the request of the organisation, or to be duly taken over by the organisation for the purpose of determining the applicability, testing, elaboration or direct use of its invention, improvement design or industrial design. The amount of the remuneration may not exceed the amount that the organisation would have had to spend effectively on drawing, models or prototypes. Where the organisation has provided the author with the necessary material and operational equipment for their manufacture, an appropriate amount corresponding to these costs shall be deducted from the remuneration.
(2) The payment referred to in the previous paragraph shall be due within two months of the proper receipt of the drawings, models or prototypes of the organisations.
(1) Persons who have taken an initiative to develop, test or introduce a discovery, invention, improvement proposal or industrial design shall be entitled to receive remuneration for such participation. The amount of such remuneration may be up to 60%, in total, of the remuneration paid to the author for the discovery or for the first year of use of the invention, improvement proposal or industrial design and depends on the degree of assistance and work effort. In determining the percentage, account shall be taken of the importance of discovery, invention, improvement or industrial design. The remuneration shall be distributed among the beneficiaries according to their participation in the development, testing or introduction of the discovery, invention, improvement proposal or industrial design and shall be payable within one month of the end of the first year of use. Persons entitled to such remuneration shall, under the same conditions, include the author of the discovery, invention, improvement proposal or industrial design for which the right to use is the State's responsibility. However, the right to remuneration for such participation shall not be attributed to the managers of an organisation whose material interests are governed by specific provisions *) or to those of an organisation whose participation results from their duties.
(2) A worker who draws attention to the possibility of making use of the invention or improvement proposal already used in another organisation shall be remunerated if the invention or improvement proposal for this warning is made. The remuneration may amount to an average worker's earnings per month and shall be payable within one month of the beginning of the use of the invention or improvement proposal. However, workers whose duties include monitoring and proposing the introduction of new techniques or new working methods shall not be entitled to such remuneration.
(3) The remuneration referred to in the previous paragraphs shall not be reduced by the author's remuneration for the discovery and use of the invention, improvement design and industrial design.
This Decree shall take effect on 1 January 1973.
Chairman:
Ing. White Head
GIVEN
remuneration for the use of invention, improvement design and industrial design
- reward for the use of invention
| Výše společenského prospěchu v Kčs | Sazba | Odměna v Kčs | |||
|---|---|---|---|---|---|
| 2000 | 50 % | nejméně | 1 000 | ||
| 2 000 | 5000 | 25 % + | 380 | 1 000 - | 1 630 |
| 5 000 | 10 000 | 16,6% + | 800 | 1 630 - | 2 460 |
| 10 000 | 20 000 | 12,2% + | 1 240 | 2 460 - | 3 680 |
| 20 000 | 50 000 | 9,4% + | 1 800 | 3 680 - | 6 500 |
| 50 000 | 100 000 | 7,4% + | 2 800 | 6 500 - | 10 200 |
| 100 000 | 200 000 | 6 % + | 4 200 | 10 200 - | 16 200 |
| 200 000 | 500 000 | 4,8% + | 6 600 | 16 200 - | 30 600 |
| 500 000 | 1 000 000 | 3,6% + | 12 600 | 30 600 - | 48 600 |
| 1 000 000 | 2 000 000 | 2,4% + | 24 600 | 48 600 - | 72 600 |
| 2 000 000 | 5 000 000 | 1,8% + | 36 600 | 72 600 - | 126 600 |
| 5 000 000 | 10 000 000 | 1,2% + | 66 600 | 126 600 - | 186 600 |
| nad | 10 000 000 | 1 % + | 86 600 | 186 600 - | nejvýše 500 000*) |
- remuneration for the use of improvement design and industrial design
| Výše společenského prospěchu v Kčs | Sazba | Odměna v Kčs | |||
|---|---|---|---|---|---|
| 1 000 | 25 % | nejméně 200- | 250 | ||
| 1 000 | 2 000 | 19 % + | 60 | 250 - | 440 |
| 2 000 | 5 000 | 12,5% + | 190 | 440 - | 815 |
| 5 000 | 10 000 | 8,3% + | 400 | 815 - | 1 230 |
| 10 000 | 20 000 | 6,1% + | 620 | 1 230 - | 1 840 |
| 20 000 | 50 000 | 4,7% + | 900 | 1 840 - | 3 250 |
| 50 000 | 100 000 | 3,7% + | 1 400 | 3 250 - | 5 100 |
| 100 000 | 200 000 | 3 % + | 2 100 | 5 100 - | 8 100 |
| 200 000 | 500 000 | 2,4% + | 3 300 | 8 100 - | 15 300 |
| 500 000 | 1 000 000 | 1,8% + | 6 300 | 15 300 - | 24 300 |
| 1 000 000 | 2 000 000 | 1,2% + | 12 300 | 24 300 - | 36 300 |
| 2 000 000 | 5 000 000 | 0,9% + | 18 300 | 36 300 - | 63 300 |
| 5 000 000 | 10 000 000 | 0,6% + | 33 300 | 63 300 - | 93 300 |
| nad | 10 000 000 | 0,5% + | 43 300 | 93 300 - | nejvýše 200 000*) |
- reward for the use of invention
| Stupeň nebezpečí nebo nedostatků, jež se odstraňují | Odměna při počtu ohrožených pracovníků | ||
|---|---|---|---|
| 1-5 | 6-25 | 26 a více | |
| v Kčs | |||
| 1. Namáhavost práce nebo špatná hygiena na pracovišti apod. | 1 200 | 1 800 | 2 400 |
| 2. Možnost úrazu nebo nemoci, k nimž občas dochází | 2 400 | 3 600 | 4 800 |
| 3. Pravidelné vyskytování se úrazu nebo nemoci | 4 800 | 7 200 | 9 600 |
- remuneration for the use of improvement design and industrial design
| Stupeň nebezpečí nebo nedostatků, jež se odstraňují | Odměna při počtu ohrožených pracovníků | ||
|---|---|---|---|
| 1-5 | 6-25 | 26 a více | |
| v Kčs | |||
| 1. Namáhavost práce nebo špatná hygiena na pracovišti apod. | 600 | 900 | 1 200 |
| 2. Možnost úrazu nebo nemoci, k nimž občas dochází | 1 200 | 1 800 | 2 400 |
| 3. Pravidelné vyskytování se úrazu nebo nemoci | 2 400 | 3 600 | 4 800 |
*) Proceeds of the Federal Ministry of Labour and Social Affairs on the material interest of managers of economic workers, listed in II / 1-262 / 71-7313 / Ro of 24.2.1971, No 9 / 1971 Ú. v. ČSR and No 8 / 1971 Ú. v. SSR.
*) The exemption is provided for in Paragraph 17 (2).
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Regulation Information
| Citation | Decree of the Office of inventions and discoveries No. 106 / 1972 Coll., on remuneration of discoveries, inventions, improvements and industrial designs |
|---|---|
| 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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