Drepturile funcţionarului public inventator
Rights of the Inventing Civil Servants

Summary/Abstract: This study aims at testing a hypothesis apparently ignored by the current legislation on employee inventions. It refers to patentable inventions likely to be made by civil servants on an occasional basis, but in connection with the exercise of their professional duties. Their exclusion from the scope of Act no. 83/2014 involves a series of consequences, the most important of which being the impossibility of administrative authorities to claim patent rights over their civil servants’ inventions and the impossibility of civil servants to get a remuneration in exchange of their creative efforts, materialized in an invention profitable for the administratative authority employing them. Therefore, we believe that the Romanian legislator should extend the legal regime of employee inventions to inventions created by civil servants, since neither the rules of the Administrative Code nor those of the Code of Conduct appliccable to this professional category do not preclude it.

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