Notwithstanding the utilisation of previous proprietory rights in the execution of the contract, this contract does not affect the proprietorship of Voit or the Customer with regard to these previous proprietory rights. Previous proprietory rights are all technical information and know-how, including patents, registered designs, aesthetic models, models, drawings, copyrights and similar rights to intellectual property which are either in their control or are their property before any conclusion of a contract between Voit and the Customer.
New property rights are all technical information and know-how including patents, registered designs, aesthetic designs, models, drawings, copyrights and exclusive rights to intellectual property which arise within the context of the development activities. For each invention, improvement or discovery (irrespective of the patentability) made by an employee of Voit during the contractual period, an application for property rights can be made by Voit, if possible, in Voit’s name and at Voit’s expense. Voit shall undertake to inform the Customer immediately of the status of the procedure in each case. Voit shall be the sole owner of these property rights.
For each invention, improvement or discovery (irrespective of the patentability) made by an employee of the Customer during the contractual period, the Customer can apply, where possible, in his name and at his expense for property rights. The Customer shall undertake to inform Voit immediately of the status of the procedure in each case. The Customer shall be the sole owner of these property rights.
Any invention, development or discovery made by employees of either party during the duration of this contract, irrespective of their remuneration, shall be utilised by the parties without restriction with respect to their employees and, where possible, a joint application for property rights is to be made in the name of both parties. The cost of this shall be carried by the parties in equal share. The parties shall immediately inform each other accordingly. Both parties shall be entitled collectively in equal parts to these property rights (mutual property rights). The preparation and execution of this application for property rights shall be carried out by Voit unless the parties have agreed otherwise in writing. The parties shall arrange within three months, at the latest, before the end of the priority deadline and agree in which countries corresponding foreign property rights are to be applied for. The costs incurred shall be carried by the parties in accordance with their proportions of the invention. The parties are committed to immediately issue any information regarding new property rights which are required for the application for industrial property rights as well as for taking legal action and for the maintenance process.
If Voit has created a development result and if Voit receives an order from the Customer for series production of parts in the manufacture of which the development result created by Voit is utilised, Voit shall grant the Customer a project-related, locally unrestricted, non-exclusive, untransferable and gratuitous right of utilisation for the purpose of the manufacture and sale in so far as the use of previous and/or new property rights which belong to Voit is necessary for the manufacture and sale. In so far as the use of previous or new property rights of Voit is necessary in order to exploit the development result and Voit is not involved in the further exploitation, Voit – except when otherwise stipulated in agreements with the Customer – is not obliged to grant the Customer either, wholly or partially, rights of utilization for the purpose of the manufacture and sale but, rather, these rights shall remain with Voit.
If Voit or the Customer do not wish to apply for property rights in the case of a new property right or a mutual property right or if they do not follow up an application or maintain a property right for which an application has been made, the other party must immediately be informed in writing and immediately be offered the new property right or mutual property right for adoption free of charge. The offer must certainly be made in such timely manner that the other party can carry out whatever measures are required in order to secure their rights, in particular for claiming priorities in the parent application in the case of an application made abroad. The party which has transferred shall, however, retain a locally unrestricted, gratuitous, non-exclusive right of utilisation for this transferred new property right or mutual property within the context of this contract either itself, through a company associated with it or through an assigned third party.