International Business Law Essay Example | Topics and Well Written Essays - 2000 words - 1

International Business Law - Essay Example But par (3) of the above section does not exclude inventions that were done outside employment; hence it is still possible that the invention is still free. â€Å"Shabana had reached an advanced stage of invention before her return to Australia. She completed work on the creation of the special widget a week later.† Hence, there is no issue that it was done in 10X during employment. The next question therefore is: â€Å"How would the employer acquire the tied invention? Is it automatic? Must it not do something to acquire the same in addition to employing Shabana? The answer to question is found in the German law which states, (1) Any employee making a service invention shall be under a duty to report the invention to his employer immediately in a special written notice indicating that said writing constitutes the report of an invention. Where two or more employees have contributed to making the invention, a joint notice may be filed. The employer shall inform his employee without delay and in writing of the date the report was received.† It appears on the basis of Section 5 (1), that it is the duty of an employee to report the invention which was not done by Shabana in this case. The facts of the case are clear on this. There was no mention of notice to 10X because the latter had known the invention only upon sale by Shabana. So the next question is: â€Å"What is the consequence of Shabana’s failure to report given the disposition made to Keg. Again the German law provide the answer as follows: (2) On the receipt of a written declaration of a limited claim, a non-exclusive right to use the service invention shall pass to the employer. Should an employer’s right of use unreasonably impede an employee’s further exploitation of his invention, the employee may request that, within a period of two month, his employer either make an unlimited claim to the service invention or release it to the employee. (3) Dispositions of a service invention made by an