Navigating the complexities of intellectual property
Navigating the complexities of intellectual property is essential for any company. The Syntec Convention offers specific insights in this area.
Intellectual property provisions
The Syntec agreement includes specific provisions on intellectual property, which you should be aware of to find out what rights your employees have with regard to inventions.
While, in accordance with the provisions of the French Intellectual Property Code, inventions made by employees during the performance of their employment contract belong to the employer, contractual provisions determine the additional remuneration that may or must be paid to the employees concerned.
Impact on employee rights
Wondering how it affects your employees’ rights to their inventions? Let’s decipher the highlights of this agreement together.
Patentable inventions: Employee rights and remuneration
If your employee makes a patentable invention during the performance of his or her employment contract, this invention belongs to your company.
The employee may receive a lump-sum bonus.
Furthermore, if the invention leads to commercial exploitation within five years of the patent or utility certificate being granted, the employee will receive additional remuneration.
This additional remuneration can take several forms:
- A lump-sum payment made in one or more instalments;
- A percentage of salary ;
- A share in the proceeds from the sale of patents or operating licenses.
Please note: The Syntec Convention stipulates that this additional remuneration must be paid to the employee inventor even if he or she has left the company or retired.
The size of this additional remuneration will have to take into account a number of factors:
Subjective elements related to the employee in the context of this invention :
- Taking into account the tasks and studies carried out by the employee to arrive at this invention;
- Consideration of the employee’s actual duties and remuneration at the time of the invention ;
- Circumstances surrounding the invention, difficulties in putting it into practice ;
- Employee’s personal contribution to the invention.
Objective factors related to the company’s use of the invention:
- Possible transfer of licenses to third parties ;
- Potential commercial benefit of the invention.
Important: The employee must be informed in writing of the elements taken into account to determine this additional remuneration. The method of calculation and payment of the remuneration, as well as the start and end of the payment period, must be agreed in writing, except in the case of a lump-sum payment made in a single instalment.
Unpatentable inventions: rewarding innovation
Not all inventions are patentable. However, the Syntec Convention recognizes that such innovations also deserve a bonus. The choice of remuneration remains at the discretion of the company.
Software creation at Syntec companies: clear rules
Digital and IT companies come under the Syntec Convention. This agreement is clear: any software developed by an employee for his or her company belongs to the company, which holds all copyright.
🔑 Practical advice:
We recommend including specific clauses in the contracts of employees with creative functions:
- Intellectual property clause: clearly define the terms of remuneration.
- Confidentiality clause: protect your company’s secrets.
- Non-competition clause: make sure talent doesn’t become a threat.
Need a customized contract? Cabinet DESRUMAUX AVOCATS is there to guide you and propose models adapted to your needs.
