Reform of German Law of Employee's Inventions has failed.
The deliberations of the German Government and other stakeholders (Industry, Trade Unions) concerning a reform of the German law of employee's inventions are said to have failed. The industry has argued since long that this field of German law is overly bureaucratic and constitutes too much of 'red tape'. One of the basic ideas of a reform was to move payments for employee inventors from a detailed clearing based on the actual amount of utilisation of the invention by the employer towards payments in form of a lump sum. Although some particular results could be achieved, the project failed due to numerous differences concerning the gory details of such an undertaking. In particular, the Trade Unions intended to strengthen the position of the workers' council when negotiating company-specific remuneration schemes. For details, see off-line in the GRUR Journal 2005, issue 2, page 132, in a report by Ms. Henrike Vieregge [In German]. It is now no longer expected that a reform bill will reach the Parliament during this election period ending in 2006.
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Dipl.-Phys. Axel H Horns is Patentanwalt (German Patent Attorney),
European Patent Attorney as well as European Trade Mark Attorney. In particular, he is Member of: