직무발명에 대한 준거법의 결정

The Governing Law on Employees' Inventions

The mutual obligations of employer and employee in relation to the transfer or licence of an intellectual property right arising from the employee’s efforts, in particular the right of the employer to claim the intellectual property right and the right of the employee to remuneration, shall be governed by the law chosen by the parties. To the extent that the law has not been chosen by the parties, the mutual obligations of employer and employee in relation to the transfer or licence of an intellectual property right arising from the employee’s efforts, in particular the right of the employer to claim the intellectual property right and the right of the employee to remuneration, shall be governed by the law of the State in which or, failing that, from which the employee habitually carries out his work in performance of the contract. The State where the work is habitually carried out shall not be deemed to have changed if the employee is temporarily employed in another State.