3. How do you determine the right price?
The fair price is not a wage claim. It is a commercial claim, at least if the employer is a merchant ( CA Paris 21-2-2014, RG n° 12/21334 ). It is due from the date of the employer's award decision.
The fair price is determined by agreement between the parties or, failing that, set by the Commission nationale des inventions de salariés (CNIS) or by the TGI de Paris.
The law stipulates that the fair price must take into account :
The initial contributions of the employee and the employer that led to the invention ;
The industrial and commercial utility of the invention.
In short, contributions...
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How do you determine the right price?
Are there any special cases likely to give rise to conflict?
Bibliography
Minutes of the Joint Intellectual Property and Social Open Commissions, « Les créations et inventions de salariés » , Paris Bar Association, 25-9-2014
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