Decree of the Office of Inventions and Discoveries No. 28 / 1986 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 01.07.1986
28
DECLARATION
Inventions and discoveries office
of 10 March 1986
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. The organisation shall confirm this fact on the application for an invention or industrial design.
(2) The management of the invention and of the 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 which solves the task in which the invention or design was created, or of the state organisation which the organisation involved in the task was previously agreed upon. The management competence shall be confirmed by the organisation on the application for an invention or industrial design. If no agreement is reached, the national organisation shall be designated by the competent central authority and shall inform the Office of inventions and discoveries (hereinafter the Office) thereof.
(3) The other inventions for which the authorial certificate and the industrial designs for which the certificate has been issued, other than inventions and designs created in relation to a cooperative, social or other socialist organisation, or with the material support of such organisations and designs created under a contract to cooperative, social or other socialist organisations, are managed by a state organisation designated by the Office on a proposal from the competent central authority. An invention or an industrial design whose object is affected by activities provided exclusively by a cooperative, social or other socialist organisation shall be administered by the Office, which may delegate all or some of the rights or obligations arising from the administration to such organisations.
(1) A state organisation which manages an invention or an industrial design treats it in accordance with the interests of the State and the national economy and ensures the legitimate interests of the author. Within the limits of the obligations laid down by law, it shall in particular:
(a) to ensure the planned and accelerated use of managed inventions or designs and to this end carry out their technical and economic evaluation and timely exploration of the possibilities of use in the national economy, the result of which shall be informed by the Office. On the basis of the result of this survey, it shall take measures to include inventions or designs in the relevant plans and to extend them to other organisations;
(b) to ensure, in cooperation with the author, the protection to the extent necessary of the invention or industrial design in the Czechoslovak Socialist Republic, to represent the author at his request to the Office and to notify him of all the facts relevant for the legal protection, creation and transfer of the administration and use of the invention or industrial design and to inform him of all the facts relevant for the creation and level of the right to remuneration;
(c) take care, in cooperation with the competent authorities and organisations, to the extent necessary to protect and apply the invention or design abroad, in particular in the context of economic and scientific and technological cooperation;
(d) to register managed inventions and designs, to collect and retain the necessary documents concerning them.
(2) In order to fulfil the obligations referred to in the previous paragraph, the administrator of the invention or design shall be entitled to require the cooperation of the author and the relevant 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 responsible for exercising 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.
(5) Where the invention is not used after 10 years from the filing of the application and the industrial design is not used five years from the filing of the application and the use of it is clearly not considered, the organisations referred to in paragraphs 1 and 4 shall:
(a) keep for such an invention or industrial design the necessary documentary material, which is, in particular, the author's certificate for the invention, the certificate for the design, the evidence of the surveys carried out on the possibilities of economic exploitation of the invention or design, the evidence of remuneration and the decision that the use of the invention or design is not covered;
(b) to renew the performance of the obligations referred to in paragraph 1 for the period strictly necessary, provided that the conditions for the use of such an invention or design on the national holding are met.
(1) A state organisation which, by granting a copyright certificate for an invention or an industrial design certificate, becomes the administrator of the invention or design referred to in § 1 (1) and paragraph 2, the sentence of the first and cooperative, social or other socialist organisation responsible for the exercise of the rights and obligations arising from the administration, is entitled and is required to take the measures referred to in § 2 (1) and (2), which, taking into account the state of the procedure for the application of the invention or industrial design and the degree of processing of their object for use, are necessary to ensure the protection and use of the invention or industrial design.
(2) If the Office does not validate the exercise of the rights or obligations arising from the administration of a cooperative, social or other socialist organisation, the provisions of paragraph 1 shall apply mutatis mutandis to the Office.
(3) In the case of inventions or designs, the administrator of which shall, on a proposal from the competent central authority, be designated by the Office, the Office shall, after filing an application for an invention or an industrial design, notify the State organisation, if the application complies with the requirements laid down, that, after the granting of the copyright for an invention or an industrial design certificate, it will be designated as the manager 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. For those organisations, the provisions of paragraph 1 shall apply mutatis mutandis from the date on which they received the notification of the Office. The Office shall act accordingly if the invention and the design are managed on its own and the exercise of the administrative rights and obligations is entrusted to a cooperative, social or other socialist organisation.
(1) The Office shall issue management decisions to the administrator in those cases where, on a proposal from the competent central authority, it has designated a national organisation as the controller of an invention or industrial design. In cases where he has entrusted a cooperative, social or other socialist organisation with the exercise of all or some of the rights or obligations arising from the administration of an invention or industrial design, he shall give it a decision thereon.
(2) The establishment of the administration, the name and address of the administrator of the invention or industrial design or the mandate of a cooperative, social and other socialist organisation 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.
(3) The Office shall send to the administrator one copy of the copyright description on the invention or the industrial design certificate.
Management of improvement proposals
(1) The management of the improvement proposal arises from a positive decision on the application for the improvement proposal. 1)
(2) The creation of the management of the improvement proposal is recorded in the diary of the improvement proposals.
(1) The State Organisation which manages the improvement proposal treats it in accordance with the interests of the State and the national economy and ensures the legitimate interests of the author. Within the limits of the obligations laid down by law, it shall in particular:
(a) to ensure the planned and accelerated use of improvement proposals within the organisation, to assess in a timely manner the possibilities for their use in other organisations and, on the basis of that assessment, to implement measures to extend the selected improvement proposals to other organisations;
(b) ensure, in cooperation with the competent authorities, the possible application of improvement proposals abroad in the implementation of economic and scientific and technological cooperation and inform the authors of the improvement proposals;
(c) to register and collect and retain the necessary improvements relating to documentary material, to notify the authors of all the facts relevant for the legal protection, administration and use of the improvement proposal and to inform them of all the facts relevant for the creation and level of the entitlement to remuneration.
(2) Where an improvement proposal after three years after the end of its use in the national economy is not demonstrably considered, the organisation referred to in paragraph 1 shall retain only its relevant documentation material, in particular the application for an improvement proposal, the documentation related to the decision on the application for an improvement proposal, the documents on the examination of the possibilities for the economic use of the improvement proposal and the evidence of remuneration.
(3) Paragraph 2 (2) and (3) applies mutatis mutandis to the management of improvement proposals.
(1) A State organisation which, pursuant to Article 69 (1) of the Act, becomes the administrator of the improvement proposal is entitled and is required to take the measures referred to in Article 8 from the filing of the application, taking into account the status of the application for the improvement proposal and the degree to which the subject matter of the application has been developed.
(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 all or some of the rights and obligations arising from the administration which, following the application for an improvement proposal, are empowered to take the measures necessary to ensure the use and protection of the improvement proposal (Section 6 (3) of the Act).
Transitional and final provisions
(1) The inventions made pursuant to Article 2 (3) of Law No 34 / 1957 Coll. by the originator or one of the co-originators in connection with his work in a state organisation or in respect of its material aid, for which patents have been granted on the date of application of the law (§ 150 (1) of the Act), are managed, for the duration of their validity, by Article 4 of Law No. 34 / 1957 Coll. in accordance with the provisions on the administration of the national property (4) and under Article 50 (1) of the Act of the State Organisation, in relation to which these inventions were created under these conditions.
(2) Inventions which are not referred to in paragraph 1, for which the right to use is the responsibility of the State pursuant to Article 3 (6) of Act No. 34 / 1957 Coll., for which patents have been granted on the date of the effective date of the Act (§ 150 (1) of the Act), are managed by the State in accordance with Article 4 of the Act No. 34 / 1957 Coll., in accordance with the provisions on the administration of national property (4) and in accordance with § 50 of the Act:
a) a state organization which before the effective date of Act No. 84 / 1972 Coll. make use of these inventions, enter them abroad or make demonstrable preparations;
(b) in other cases, the Office which shall exercise the rights and obligations of the AIFM mutatis mutandis.
(3) Paragraph 4 of this Decree does not apply to inventions referred to in paragraphs 1 and 2.
The Decree of the Office for Inventions and Discoveries No. 103 / 1972 Coll., on the management of inventions, improvements and designs and on their planned use in the national economy is hereby repealed.
This Decree shall take effect on 1 July 1986.
Chairman:
Ing. White Head
1) Article 69 (1) of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs.
4) § 73a of Economic Code No. 109 / 1964 Coll. in the full version published under No. 45 / 1983 Coll.
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Regulation Information
| Citation | Decree of the Office of inventions and discoveries No. 28 / 1986 Coll., on the management of inventions, improvements and designs and on their planned use in the national economy |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.1986 |
|---|---|
| Effective from | 01.07.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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