21 Section 2 Right to Protection 92. Subject to the application of Articles 95 and 96, an industrial design shall belong to the person who has created it or to his successors in title. The first applicant for such design shall be deemed, unless proved otherwise, its creator, taking into account the earliest priority claimed. 93. If the essential elements of an industrial design for which protection is sought have been borrowed from the creation of another person without the rightful owner having consented to such borrowing or to the application, such rightful owner may require the application or the registration to be transferred to him at any time and with retroactive effect to the date of the application. 94.—(1) The ownership of an industrial design created under service regulations or an employment contract shall belong to the employer. (2) Paragraph (1) shall likewise apply where the employee is not required by his service regulations or his employment contract to exercise any creative activity, but has created the design using data or means that his employer has put at his disposal. In such cases, he shall be entitled to remuneration that takes into account his salary or the importance of the design created. Such remuneration shall be determined by common accord between the parties. (3) An employee who creates an industrial design, outside the scope of his employment contract, without having recourse to the means or data of the enterprise, shall remain the sole owner of the design he has created. However, in the event of transfer of the rights, other than by inheritance, the employer may assert his right of preemption, particularly if the transfer is liable to constitute a serious prejudice to his enterprise. 95. If an industrial design has been created collectively by two or more persons, the right to statutory protection shall belong collectively to such persons or their successors in title; however, a person who has simply assisted in the material execution of the design, without making a creative contribution, shall not be deemed a creator or joint creator. 96.—(1) The creator of an industrial design shall be entitled to be mentioned as such in the registration. (2) This provision may not be modified by contract. Section 3 Registration Procedure 97.—(1) Applications for registration of industrial designs shall be filed with the Agency, using the prescribed form and complying with the provisions on presentation and dimensions laid down in the implementing decree. (2) In addition to the conditions laid down in paragraph (1), an application for an industrial design may be accompanied by a specimen in color, in relief or in three dimensions, in two identical copies. (3) Where appropriate, the application for registration shall be accompanied by a written statement by the creator in accordance with Article 96, by which he requests to be mentioned as such in the registration or authorizes the applicant or his successor in title to apply for registration without such mention. (4) An application may contain only one industrial design.