Disputes as to inventions made by employees

28 Disputes as to inventions made by employees

(1)

This section and sections 29 and 30 apply if a dispute arises between an employer and a person who is, or was at the material time, his, her, or its employee as to the rights of the parties in respect of—

(a)

an invention made by the employee, either alone or jointly with any other person; or

(b)

any patent granted, or to be granted, in respect of an invention referred to in paragraph (a).

(2)

The Commissioner may, on a request made to him or her in the prescribed manner by either of the parties and after giving to each of them a reasonable opportunity to be heard,—

(a)

determine the matter in dispute; and

(b)

give any directions that the Commissioner thinks fit—

(i)

for enabling a patent application to proceed in the name of 1 or more of the parties alone; or

(ii)

for regulating the manner in which it is to proceed; or

(iii)

for both of the purposes referred to in subparagraphs (i) and (ii); and

(c)

make any orders for giving effect to his or her decision as he or she considers expedient.

(3)

However, if it appears to the Commissioner that, in relation to any request under this section, the matter in dispute involves questions that would more properly be determined by the Authority, he or she may decline to deal with the matter.

(4)

A decision of the Commissioner under this section or section 29 has the same effect as between the parties and persons claiming under them as a decision of the Authority.

(5)

Section 161 of the Employment Relations Act 2000 does not limit this section or section 29 or 30.

(6)

The parties to a dispute or review under this section or section 29 or 30 are the employer and employee.

(7)

In this section and sections 29 and 30, Authority means the Employment Relations Authority established by section 156 of the Employment Relations Act 2000.

Compare: 1953 No 64 s 65(1), (3)