Employee invention law
The Advertising Law is the area of law that deals with the subject of inventions employee inventor.
overview
In almost all legal systems, the field of law is characterized by a conflict of objectives between two competing principles, namely
- the principle of labor law, according to which the employee's performance is paid for with his salary and further results, such as rights to inventions, belong solely to the employer, and
- the principle of inventor law, according to which the rights to an invention lie solely with the inventor, the employee.
Employee invention law resolves this conflict.
Legal sources in Germany
For the Federal Republic of Germany it has the following main material sources of law :
- the Employee Invention Act ,
- the remuneration guidelines for employee inventions ,
- the case law of the courts,
- the suggestions of the arbitration board according to the law on employee inventions or the guiding principles from it.
In addition, all other laws apply, materially such as the BGB , procedural law the ZPO , and many more.
literature
- Kurt Bartenbach, Franz-Eugen Volz: Employee Invention Act. Comment on the law on employee inventions . 6th edition. Carl Heymanns, Cologne 2019, ISBN 978-3-452-29121-9 .
- Burkhard Boemke , Stefan Kursawe (ed.): Law on employee inventions. Comment . 1st edition. CH Beck, Munich 2015, ISBN 978-3-406-63881-7 .
