القانون الواجب التطبيق على اختراعات العمال في علاقات العمل ذات الطابع الدولي

Abstract EN

Labour activity has witnessed a significant development in the light of the growing methods of scientific research for reaching advanced means of production, which led to the emergence of many inventions by these workers in many countries, especially the industrial ones.

This has led to many problems of recognizing these workers’ rights in their inventions that they come up with.

Given that inventions for which the contract of employment is organized do not raise any problem between them and the employers, the contract is, in fact, the guarantor of their rights to such inventions; However, the problem arises greatly for those who do not constitute the subject of the employment contract, as the worker often comes to invent either by using the means and tools of the employer while the subject of the employment contract is not to reach this invention.

Or he may reach it far from those tools and means, nevertheless, this inventor might touch and influence the employer's activity, so how did the legislator work to provide the protection for the worker's right to the invention in such cases? Especially if we know that this matter is of interest to one of the most important intellectual elements regulated by the patent law, in addition to the fact that the worker is the weak party in the contractual relationship, something that requires intervention from the legislator to protect it in all cases.

The most important aspect of this protection is the necessity to define the applicable law to such inventions by the worker in international private labor disputes to protect him against any abuse or incapacity to his rights over his invention and to settle disputes arising from a foreign component in a fair, expeditious and final settlement.