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"?