No. 4907 Act No. 1, 2012 Government Gazette 23 March 2012 21 INDUSTRIAL PROPERTY ACT, 2012 (3) When a declaration as contemplated in subsection (1) is lodged, the Registrar must record the declaration in the register and must retain such declaration for the duration of the patent. Invention by employee or person commissioned 21. (1) Where an invention is made in the execution of a commission contract or in the course of an employment contract, the right to the patent for that invention passes to and belongs, in the absence of written contractual provisions to the contrary, to the person who commissioned the work or to the employer, as the case may be. (2) Where the right to a patent has passed to another as contemplated in subsection (1) and it later transpires that the invention has an economic value much greater than what the parties could have reasonably foreseen at the time of concluding the commission or employment contract, the inventor has a right to equitable remuneration, which must be determined by the Tribunal in the absence of agreement between the parties. (3) Despite subsections (1) and (2), when an employee, whose employment contract does not require him or her to engage in inventive activity, makes an invention in the field of activities of his or her employer by using data or means available to him or her through his or her employment, the right to the patent for that invention belongs, in the absence of written contractual provisions to the contrary, to the employer. (4) Where the right to a patent passes to employer in terms of subsection (3), the employee has a right to equitable remuneration as may in writing be agreed upon by him or her and the employer, taking into account his or her salary, the economic value of the invention and any benefit derived from the invention by the employer. (5) In the absence of a written agreement between the parties, the remuneration as contemplated in subsection (4) must be determined by the Tribunal. (6) Any written contractual provision which is less favourable to the inventor than the provisions of this section, or which purports to exclude the application of this section, is void. (7) The provisions of section 20 regarding the naming of the inventor apply to a person entitled to a patent under this section. Judicial assignment of right to a patent application or patent 22. (1) Where a dispute arises between persons as to their rights to obtain a patent for or to make, use, exercise or dispose of an invention, or as to the right to or title in a patent, any party to the dispute may apply to the Tribunal to decide the matter in dispute. (2) If the Tribunal is satisfied that a person is unable or unwilling to exercise his or her right to file or to participate in an application for a patent, the Tribunal may order that person to execute an assignment, in order that the application may be made