I PZP 1/05
AI generated
Supreme Court allows inventor's payment claim against company using their utility model design for production benefits.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding an inventor's right to remuneration from a company utilizing their utility model design. The inventor sued the coal company, which argued the inventor could not claim authorship and that the design was not legally binding for calculating benefits. The court ruled in favor of the inventor, establishing that they are entitled to payment when the company achieves exploitable economic benefits from the design.
Legislator headnote
AI generatedArt. 98 ust. 1 i 2 ustawy z dnia 19 października 1972 r. o wynalazczości: The creator of a utility model design has the right to remuneration from the unit utilizing the design if that unit produced equipment for its own production needs, achieving exploitable benefits therefrom.
Keywords
AI generated
utility model design
inventor remuneration
economic benefits
production needs
remuneration calculation
patent law
economic analysis
Cited Legislation
AI generatedArt. 98 ust. 1 i 2 ustawy z dnia 19 października 1972 r. o wynalazczości
§ 23 ust. 3 załącznika do Zarządzenia Ministra z dnia 31 stycznia 1986 r.
art. 390 § 1 k.p.c
Cited Case Law
AI generatedI PKN 397/97
Supreme Court dismissed appeal, ruling administrative regulations exceeding statutory authority lack general binding force.
I PKN 77/98
Supreme Court dismissed inventor's appeal, ruling regulations are only auxiliary for determining reasonable compensation ratios.
I PK 519/03
Supreme Court dismissed appeal; employer not bound to consider quality improvement effects for inventor remuneration.