Joint patentee using invention must share half of production and trading profits with others.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation request and remanded the case to the appellate court for a new trial. The appellant argued that contractual agreements excluded statutory profit-sharing, while the respondent contended that statutory rights override private contracts regarding benefits derived from using the invention. The court held that the statutory obligation to share half of production and trading profits applies unless explicitly excluded by a comprehensive contractual agreement, requiring a factual review of the parties' intent.
Legislator headnote
AI generatedArt. 45 ust. 2 ustawy o wynalazczości; Art. 65 § 2 k.c.: A joint patentee utilizing the invention within their own scope is obligated to transfer to other joint patentees, according to their shares, an appropriate part of half the benefits obtained from production and commercial use of the invention.