The Industrial Property Act, 2001 19 succession. (5) Sections 64 to 80 shall apply Mutatis mutandis to contracts assigning the right to a patent. Unauthorized application based on an invention of another person 31.Where the applicant has obtained the essential elements of the invention which is the subject of his application from the invention of another person, he shall, unless authorized by the person who has the right to the patent or own the patent, be obliged to assign to such person the application or, where the patent has already been granted, the patent. Inventions made in execution of commission or by employee 32. (1) Notwithstanding section 30 and in the absence of contractual provisions to the contrary, the right to a patent for an invention made in execution of a commission or of an employment contract shall belong to the person having commissioned the work or to the employer. Provided that where the invention is of exceptional importance the employee shall have a right to equitable remuneration taking into consideration his salary and the benefit derived by the employer from the said invention. (2) The provisions of subsection (1) shall apply where an employment contract does not require the employee to exercise any inventive activity but when the employee has made the invention by using data or means available to him during his employment. (3) In the circumstances provided for in subsection (2), the employee shall have a right to equitable remuneration taking into account his salary, the importance of the invention and any benefit derived from the invention by the employer. (4) In the absence of agreement between the parties, the remuneration shall be fixed by the Tribunal. (5) Inventions made without any relation to an employment or service contract and without the use of the employer’s resources, data, means, materials, installations or equipment shall belong solely to the employee or the person commissioned. (6) This section shall also apply, where relevant, directly or indirectly to governmental and other organizations. Naming of inventor 33.The inventor shall be named as such in the patent application and in the patent unless in a special written declaration addressed to the Managing Director he indicates that he wishes not to be named and any promise or undertaking by the inventor made to any person to the effect that he will make such declaration shall be without legal effect. PART V - APPLICATION, GRANT AND REFUSAL OF GRANT OF PATENT