Short Considerations Regarding the Novelties Brought by Law No. 83/2014 on Service Inventions in the Matter of Invention Patents Cover Image
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Scurte considerații cu privire la noutățile aduse de Legea nr. 83/2014 privind invențiile de serviciu în materia brevetelor de invenție
Short Considerations Regarding the Novelties Brought by Law No. 83/2014 on Service Inventions in the Matter of Invention Patents

Author(s): Laura Leanca, Cosmina Simion
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: Employee created inventions; Amendments Law 64/1991; patents; employee remuneration

Summary/Abstract: The article aims to provide a brief analysis over the recent legislative changes in the patent legal framework brought by Law no. 83/2014 on employee created inventions. The article therefore explores the three types of inventions provided under Law 83/2014 and the mechanism for allocation of intellectual property rights in relation thereto between employers and employees, while revealing the contrast with the previous legal regime under Law 64/1991. Among the main aspects which are explained in detail, we note the procedure that must be implemented by employers in order to secure rights over inventions. Aspects regarding the stimulation of inventions in the research and development institutions as well as the criteria for the remuneration of employees are also touched upon. At the same time, the article touches on difficult problems which may arise in practice following the entry into force of the new law. Finally, the article suggests some possible interpretations which may be considered by future regulations.

  • Issue Year: 2014
  • Issue No: 3
  • Page Range: 167-172
  • Page Count: 6
  • Language: Romanian
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