Recent U.S. Court Decisions And Developments Affecting Licensing
By John Paul and D. Brian Kacedon Subsidiary Has Standing to Join Lawsuit as Implied Exclusive Licensee, But Parent Cannot Recover Lost Profits of Subsidiary from Patent InfringerIn Mars, Inc. et al. v. TruRX LLC et al., even in the absence of a written patent license agreement, a parent company successfully showed that its subsidiary […]
The Scoop from Europe: Europe Takes On FRAND Licensing—Again
By Patricia Cappuyns and Jozefien Vanherpe Almost two years ago, on 16 July 2015, Europe’s highest court, the European Court of Justice (CJEU), handed down its much anticipated judgment in the widely publicized Huawei/ZTE saga regarding standards-essential patents (SEPs).1 The question put before the Court was in what circumstances a SEP owner may seek injunctive relief against […]
Employee Inventions In The Netherlands
By Wouter Pors In The Netherlands, the rights of employees to an invention are governed by the Dutch Patent Act of 1995 (DPA), whereas otherwise the rights and obligations of employees are governed by the Dutch Civil Code. Only two provisions of the Patent Act, articles 12 and 14, specifically deal with the rights of […]
Employee Inventions In The United Kingdom
By Jennifer Pierce Historically, the United Kingdom has been a jurisdiction where, in relative terms, the law is more favourable to employers than to employees. This is certainly the case in comparison with some mainland European jurisdictions. In respect of ownership of employee inventions, the law is well established, but the law relating to employee […]
New Employee Invention Scheme In Japan
By Shoichi Okuyama The employee invention scheme in Japan, which was initially modeled after the German system, was again revised in 2015, and the new scheme took effect on April 1, 2016. I would first like to summarize the changes made, and then put these changes into the perspective of events since the Patent Act […]
Employee-Inventors Compensation In Germany— Burden Or Incentive?
By Sebastian Wündisch Introduction In Germany, around 80 to 90 percent of all inventions are created by employees.1 This leads to a conflict between the German principles of employment law and patent law. According to employment-law principles, the results of work are the property of the employer; the salary compensates the employee for all assigned […]
Managing Risks And Rewards For Employees Inventions And Intellectual Works In Mexico
By Hector E. Chagoya-Cortés The Mexican patent system has had for several years the necessary legal framework in order to give certainty to employers regarding ownership of inventions made by its employees, but current trends related to multinational open innovation and the public policy promoted in Mexico for conforming technology transfer offices at R&D centers […]
Service Invention In China— Current Provisions & Proposed Changes
By Stephen Yang Ownership of Service Inventions Current Provisions – Article 6 of the current Chinese patent law defines “service invention-creation” and the ownership thereof.
An Employer’s Entitlement To An Employee’s Invention In Australia
By Rodney DeBoos In Australia, the entitlement of an employer to a patentable invention made by its employee is governed by the common law and equity. There is no statute which dictates the rules which apply, although the impact of the Corporations Act 2001 is discussed below in relation to fiduciary duties. The situation in […]
Employee Inventions In France
By Francis Declercq and Didier Intes
