The most recurrent concern of companies when it comes to issues that mix marketing with Law. Has to do with labor and intellectual property, in the understanding that. It seems this is the area that must be protecte permanently since a good. Part of the production is linkd to brands patents and copyrights in addition to the labor component. That all companies invariably have to address.
Intellectual property
along with commercial matters, has a transnational dimension, since it is not only about what happens legally within the parties, since the very nature of globalization require that we first agree on the “wool” and then we looke at the other aspects that affect the States as part of a planet. Intellectual property followd the same path, since the commercial acceleration that we have experience in recent centuries requird clearer protection for what was being developd as an invention.
A book titld “Intellectual Property” rests on a wooden table next to a gavel and another book, which delves into inventions and their legal implications.
Workers and Patents
Now let’s think for a moment about the combination of these aspects. That is, what happens with patents that are created under the auspices of a company, that is, one of those committd brilliant special. Workers who spends his time devising ways in his area to make the day more productive and reduce efforts and, therefore, expenses.
Although the protection of trademarks, patents and copyri shopify home page design ghts has been developed almost simultaneously in all countries. There are some aspects that seem to have been unclear to some and therefore. Local legislation has some gaps that are difficult to understand when it comes to elucidating an element as important as knowing who owns a patent developed by a company employee: the employee or the employer?
International Clarity
In other countries, the classification of cases is clearer. That is, they even have a precise name to conceptualize workers’ inventions in three different circumstances, indicating that they can be classifid as commissiond inventions, service or mixd inventions, and free inventions.
The first are those that are carrie out as a result of a specific contract. This means those positions and posts that are establishd so that those specific workers are in charge of developing new patents utility models programsetc. Which implies a contractual obligation and therefore belong to the employer as a result of the contractual relationship. If the invention far exceds their obligations, then it is considere to give a significant bonus to the worker since it would imply greater profits for the legal entity.
Mixed inventions are those carrie out by workers who do not have a contractual obligation to develop inventions, but who, due to their knowldge of an area and the nee to improve processes, come up with and apply a new idea that benefits productivity. In these cases, the invention belongs to the worker and must be recognize as such. However, the employer is given the right to register the trademark and use it, granting a significant bonus to the worker for that patent. Of course, the employer can also renounce that patent and use it, avoiding any obligation to the worker, and then the latter becomes free to use it and market it externally.
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Social rights above dirty money
Now, in the case of Mexico there are two important aspects to poi aol email list nt out. On the one hand, these inventions developd by workers are not found in the Fderal Law for the Protection of Industrial Property, but in the Federal Labor Law. This is for historical reasons, as I said before, since the aim is to protect the worker more than the employer as a scope of social rights that benefit the weaker party in that relationship.
I. The inventor shall have the right to have his name appear as the author of the invention;
II. When the worker is engagd in research or improvement of the procdures usd in the company. The ownership of the invention and the right to exploit the patent shall be ves keep your content updated. td in the employer on behalf of the company. The inventor, independently of the salary he may have received. Shall be entitld to additional compensation which shall be fixd by agreement of the parties. By the Court when the importance of the invention and the benefits it may bring to the employer are not proportional to the salary receivd by the inventor.
