The Right of the Employee to an Invention Created in the Process of Labor Relations. (In Accordance With the Georgian - German Patent Legislation)

Creative activity, which ends with the creation of intellectual property objects, are mostly carried out by individuals employed in various private sectors or scientists working in higher education/research institutions. Therefore, the question who is the owner of the intellectual property object (invention), employee/inventor, whose direct participation with and usage of intellectual labor, the object was created by, or the employer, whose material technical base, experience and the other resources were used to create the invention, does not lose relevance. Georgia belongs to the continental, i.e. Romano-Germanic legal system. Modern Georgian intellectual property law has undergone a very interesting path of development since the restoration of independence. It should be noted that Georgia is the first country from the former Soviet republics to establish a national patent agency in 1992 (12,246). In this article, the authors focus on the basic regulations of Georgian and German patent law that regulate the ownership of an invention created by employees. As it is known, in Georgia the issue is resolved by the „Patent Law“, while in Germany, in addition to the patent law, there is an „Employee Inventions Act“. The scientific article consists of an introduction, a main part and a conclusion. The introduction presents the urgency of the legal problem. The main part, on the one hand, discusses the legal status of inventions created by employees, gives the relationship between patent law and labor law on this issue (on the example of Georgian legislation) and, on the other hand, the authors analyze the German ,,Employee Inventions Act“, which we find a detailed arrangement of an issue of interest to us in. The law is structured in such a way that the balance between the interests of the employee and the employer is maximally maintained, the rule of compensation is provided, a distinction is made between service and free inventions, and ways of resolving disputes between the parties are provided. The legal basis for arbitration is in the foreground. There is also a court of law under the jurisdiction of which these disputes are considered.