Decree No. 68 / 1974 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition providing for derogations from the provisions of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs
Valid
Effective from 01.08.1974
68
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 12 June 1974
providing for derogations from the provisions of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs
The Federal Ministry of Agriculture and Nutrition provides in an agreement with the Federal Ministry of Finance and the Office for Inventions and Discoveries pursuant to Section 157 of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs ("the Act '):
Scope
(1) The Decree provides for derogations concerning the registration, use, extension and remuneration of improvement proposals for state and cooperative organisations in the field of the Federal Ministry of Agriculture and Nutrition and the Ministries of Agriculture and Nutrition of the Republics, only in respect of the agricultural sector.
(2) According to this decree, a cooperative organisation in the agricultural sector means a single agricultural cooperative, a joint agricultural holding, a joint cooperative undertaking and a mellioration cooperative.
Login and extension of improvement proposals
(For § 63 paragraphs 1 to 3, § 64 paragraph 2, § 65 paragraph 1, sentence of the Law, § 7 paragraph 3 zl. No 105 / 1972 Coll.)
(1) An application for an improvement proposal, the subject matter of which relates to the activity of a cooperative organisation in the agriculture sector, shall be submitted directly to that organisation in the authority (1). The competent authority shall refer the application to the improvement proposal within 15 days of its delivery to the cooperative organisation where the conditions for the use of its subject matter are most appropriate.
(2) Where an application for an improvement proposal, the subject matter of which relates to the activity of several agricultural organisations, is submitted in their directly superior body, that authority shall refer the application to the improvement proposal within 15 days of its delivery to the State or cooperative organisation where the conditions for the use of the subject matter of the application are most appropriate. In this case, the applicant shall acquire priority only with this organisation, since the application has been granted to the superior authority.
(K § 71 paragraph 1, § 75 paragraph 3 of the Act, § 8 zl. No 105 / 1972 Coll.)
(1) If the application for an improvement proposal is submitted in accordance with Article 2 of this Decree, only the authority to which the application was submitted shall issue the certificate.
(2) Only an organisation which has been referred to an application for an improvement pursuant to Article 2 of this Decree and which has made a positive decision on it will issue an improvement card to the author.
(3) An organisation that has come up with an improvement proposal through the extension of improvement proposals will not issue the author a certificate of application for the improvement proposal or an improvement card.
Use and remuneration of extended improvement proposals
(For § 117 (3) of the Act, § 10, 17 (1) and § 18 (1) of the Act No. 106 / 1972 Coll.)
(1) The remuneration for the use of the extended improvement proposal is paid in a one-off manner by the organisations referred to in Section 1 of this Decree. The amount of this one-off remuneration shall be determined by the superior body which extends the improvement proposal. That authority shall, when determining the amount of the one-off remuneration, use the supporting documents according to which the level of remuneration for the use of the improvement proposal in the organisation which made use of it before enlargement has been determined.
(2) Under the provisions of paragraph 1, it is not possible to expect that the use of an extended improvement proposal will bring significant differences in social benefits for individual organisations.
(3) The significant difference in social benefits referred to in paragraph 2 shall be where the expected social benefits in an organisation that makes use of the extended improvement proposal are more than twice or less than half the social benefits envisaged in determining the level of remuneration for the use of the improvement proposal in the organisation that made use of it before enlargement in the first annual period.
(4) The assessment of whether the use of an extended improvement proposal will bring different social benefits for individual organisations is the responsibility of the superior body which extends the improvement proposal.
(5) If the social benefits from the use of the extended improvement proposal are less than 1000 Kčs in each of the beneficiary organisations, the lower remuneration limits provided for by the special regulation on the remuneration of improvement proposals do not apply in determining remuneration.
Efficacy
This Decree shall take effect on 1 August 1974.
Minister:
Dr Dinner v. r.
1) For the purposes of this Decree, the competent regional (regional) agricultural administration is the directly superior body of the cooperative organisation in the agriculture sector.
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Regulation Information
| Citation | Decree No. 68 / 1974 Coll., Federal Ministry of Agriculture and Nutrition, providing for derogations from the provisions of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.1974 |
|---|---|
| Effective from | 01.08.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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