The law applies to inventions created by an individual inventor or by a group of inventors when the individual inventor or at least a member of the group of inventors is the employee of a legal person of private law or public law.
The rights concerning the inventions created by employees who do not fall into any of the situations mentioned above belong to the inventor employee.
If the service work invention right belongs to the employer, he is entitled to apply for a patent request or the registration of a utility model in Romania and / or in other countries, to claim the right of priority in Romania.
By the new regulation, the elimination of the possibility to derogate from the legal aspects through contractual provisions clause becomes possible.
Unlike the previous regulation which allowed the inclusion of certain contractual clauses in order to derogate from the provisions of the law, the current regulation does not refer to this possibility, with one exception only. Thus, the employee and the employer may stipulate contractually that the right over the inventions from the first category belongs to the employee, to the extent which the following prerequisites are met: (i) the employer is public law person, that (ii) the employer has as its object the research- development activity (concept defined by the Government’s Ordinance no. 57/2002 on scientific research and technological development).
Contrary to previous regulations, the text distinguishes between Research and Development institutions under public law (universities and research institutes) and private law entities in the economic environment. As stated in the explanatory memorandum of law, only for these institutions will be given priority in any contractual provisions between institutions and their employees (teachers, scholars, staff, etc.).
It should be noted that by eliminating “the contrary contractual clauses” the law does not allow the parties to provide contractually that the right to a patent should belong to both the employee and the employer (except the situations mentioned above).
Clear criteria are being regulated for granting inventors remuneration. According to Law no. 83/2014, the criteria for determining the remuneration of the second category of inventions which have been claimed by the employer should be determined by the internal regulations of the employer.
The normative act also contains provisions governing the rights and obligations of the parties with regard to filing the application for the patent, as well as the disclosure of information relating to inventions which constitutes a trade secret.
Implementing the Regulations of the Law 64/1991 to be amended by Government decision within 60 days after publication of Law no. 84/2013.