Dispute between employee and employer about invention | Appointing an arbitrator or a mediator | To introduce a clause of arbitration into an agreement

Dispute between employee and employer about invention

A business has a smart, creative employee, perhaps in its engineering department. The employee finds the time and has the inclination to tinker with the company's products or manufacturing processes. Perhaps he works at this project on his own time in the shop, perhaps he does it at home. Finally, he has a breakthrough, and he comes up with a process or an improvement to a machine that dramatically reduces his employer's cost of manufacturing. Or, maybe his idea results in a better product for his employer's customers. With respect to the new device or process, does the invention become the property of the employer or of the employee? The employee used his initiative, but he used the employer's resources, and even if he used his own tools and time he would never have begun to work on the project if he had not been exposed to it through his employment in the first place. Who owns any forthcoming patent to the new device or process?

We can represent either the employer or the employer in a mediation procedure running at a french chamber of commerce and industry in case of dispute about the entitelment and/or the bonus to pay to the employee by the employer in France.

Appointing an arbitrator or a mediator

The effectiveness of a mediation or arbitration procedure as regards intellectual property depends on the legal expertise but also on technical and industrial expertise of the arbitrator or the mediator. Mediation and arbitration Court of WIPOWorld Intellectual Property Organisation

The World Intellectual Property Organization explain its vision of future and its strategic orientation.

Clic to display the associated Web site, created in 1994 and based in Geneva, acquired an international dimension for conflicts resolution concerning the domain names but also the intellectual property rights.

The conflicts being born on the basis of a licence agreement of patent and/or trademark are more and more solved by mediation and/or arbitration. Our firm is registered on the arbitrators/mediators list set up by the Center of arbitration and mediation of WIPOWorld Intellectual Property Organisation

The World Intellectual Property Organization explain its vision of future and its strategic orientation.

Clic to display the associated Web site.

To introduce a clause of arbitration into an agreement

Examples of arbitration clauses and ad hoc conventions recommended by WIPOWorld Intellectual Property Organisation

The World Intellectual Property Organization explain its vision of future and its strategic orientation.

Clic to display the associated Web site :

Mediation

« Any litigation, discusses or complaint rising from the present agreement and from any later modification of the present agreement, or being referred to it, and having treatment particularly but not exclusively with its formation, its validity, its obligatory effects, its interpretation, its execution, its violation or its resolution, as well as any extra-contractual complaint, will be submitted to mediation in accordance with the mediation regulation of WIPOWorld Intellectual Property Organisation

The World Intellectual Property Organization explain its vision of future and its strategic orientation.

Clic to display the associated Web site. The place of mediation will be (to be specified). The language of the procedure of mediation will be (to be specified). »

Accelerated arbitration

« Any litigation, discusses or complaint rising from the present agreement and from any later modification of the present agreement, or being referred to it, and having treatment particularly but not exclusively with its formation, its validity, its obligatory effects, its interpretation, its execution, its violation or its resolution, as well as any extra-contractual complaint, will be submitted for, final regulation, with arbitration in accordance with the accelerated arbitration regulation of WIPOWorld Intellectual Property Organisation

The World Intellectual Property Organization explain its vision of future and its strategic orientation.

Clic to display the associated Web site. The place of the arbitration will be (to be specified). The language of the arbitration will be (to be specified). It will be ruled on the litigation, the controversy or the complaint in accordance with the right (to be specified). »

Followed mediation, in the absence of litigation regulation of an accelerated arbitration

« Any litigation, discusses or complaint rising from the present agreement and from any later modification of the present agreement, or being referred to it, and having treatment particularly but not exclusively with its formation, its validity, its obligatory effects, its interpretation, its execution, its violation or its resolution, as well as any extra-contractual complaint, will be submitted to mediation in accordance with the mediation regulation of WIPOWorld Intellectual Property Organisation

The World Intellectual Property Organization explain its vision of future and its strategic orientation.

Clic to display the associated Web site. The place of the mediation will be (to be specified). The language of the procedure of mediation will be (to be specified). If, and insofar as, in the 6090 days which follow its introduction, the procedure of mediation did not lead to the regulation of the litigation, the controversy or the complaint this one, on the request filing for arbitration by one or the other of the parties, will be subjected, for final regulation, with arbitration in accordance with the accelerated arbitration regulation of the WIPOWorld Intellectual Property Organisation

The World Intellectual Property Organization explain its vision of future and its strategic orientation.

Clic to display the associated Web site. If in addition, before the expiration of the time of 6090 days, one or the other parties abstains from taking part or ceases taking part in the mediation procedure, the litigation, the controversy or the complaint, on a arbitration request filing by the other party, is subjected, for final regulation, with arbitration in accordance with the accelerated arbitration regulation of the WIPOWorld Intellectual Property Organisation

The World Intellectual Property Organization explain its vision of future and its strategic orientation.

Clic to display the associated Web site. The place of the arbitration will be (to be specified). The language of the arbitration will be (to be specified). It will be ruled on the litigation, the controversy or the complaint in accordance with the right (to be specified). »