Creation of inventions or utility designs, like other intellectual property interests, can occur as part of an employment relationship. In such cases, issues relating to remuneration for work product of this kind are subject to special statutory regulations. These should be taken into account in practice in the relationship between the employee inventor and employer.

The issue of statutory legislation on the rules for payment of remuneration to inventors was addressed in a recent judgement by the Polish Supreme Court (case no. II PK 246/14). The judgement was issued during cassation proceedings in a dispute concerning remuneration of an inventor employee (specialist-constructor) for the employer’s use of the employee’s inventions.

The judgement has involved the interpretation of the intertemporal provisions of the Polish Act of 30 June 2000 – Industrial Property Law (text: ISAP), due to the fact of repealing of the former Polish Statute of 19 October 1972 on Inventions (text: ISAP).

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