II PK 60/04
AI generated
Supreme Court dismisses appeal on inventor remuneration, ruling judge discretion on 'fair proportion' applies to all cases.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the inventor against the lower court's award of remuneration for a rationalization project. The inventor argued for a 5% share of economic effects, while the defendant claimed the work was part of their employment duties. The court held that without specific contractual terms, the judge must determine the fair proportion based on all case circumstances, including the project's unique economic and social value.
Legislator headnote
AI generatedArt. 98a ust. 2, art. 99 of the Invention Act; The court determines inventor remuneration based on the principle of fair proportion by weighing all circumstances, including the project's uniqueness and economic impact, rather than applying a fixed percentage.
Keywords
AI generated
inventor remuneration
rationalization project
fair proportion principle
judicial discretion
economic effects
employment duties
cassation appeal
Cited Legislation
AI generatedart. 98a ust. 2 in conjunction with art. 99 of the Invention Act
art. 393 § 12 of the Code of Civil Procedure
§ 6 point 6 in conjunction with § 12 point 4 of the Minister of Justice Regulation on legal counsel fees
art. 233 k.p.c
art. 39312 k.p.c