2. What do we mean by "employee"?
The inventor must have the status of an employee, which implies that he is bound to his employer by an employment contract (article L. 611-7 of Code de la propriété intellectuelle ).
The law does not define a contract of employment, but the courts have defined the criteria for concluding that such a contract exists. A contract of employment implies the meeting of three cumulative conditions:
the performance of a job ;
payment of remuneration ;
the existence of a subordinate relationship between the employee and his employer.
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What do we mean by "employee"?
What do we mean by "employer"?
Bibliography
Alain Bensoussan, Informatique, télécoms, internet , ed. Francis Lefebvre, 6 e éd. 2017
P.-D. Ollier, Répertoire de droit du travail, Inventions de salariés , dalloz.fr
J. Passa, Droit de la propriété industrielle , Tome 2,...
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As a self-financed public institution under the supervision of the French Ministry of Industrial Property, INPI plays an active role in the development and implementation of public policies in the field of intellectual property, in support of innovation and business competitiveness, and in the fight against counterfeiting.
Regulations
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Code de la propriété intellectuelle
article L. 611-6
article L. 611-7
article L. 611-10
article R. 611-11
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