WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/I/2 
16 February 2012 
 (12-0884) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of the Decree on the Right to Employees' 
Inventions, as notified by Finla nd on 10 February 2011 under Artic le 63.2 of the Agreement (see 
document IP/N/1/FIN/3). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
FINLANDE 
  Le présent document contient le texte
1 du Décret sur le droit aux in tentions de salariés, notifié 
par la Finlande le 10 février 2011 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/FIN/3).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
FINLANDIA 
 
 En el presente documento se reproduce el texto
1 del Decreto relativo al derecho sobre las 
invenciones de los empleados, notificado por Fi nlandia el 10 de febrero de 2011 en virtud del 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/FIN/3). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   IP/N/1/FIN/I/2 
 Page 3 
 
 
   
    
 
    
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
PATENTS (Including plant variety protection and utility model protection 
and related legal instruments) 
 
    
   
  IP/N/1/FIN/I/2 
 Page 5 
 
 
  DECREE ON THE RIGHT TO EMPLOYEES` INVENTIONS  
 10.6.1988/527   (Unofficial translation)  
 
(Amendments up to 2000/1218 included)   
Section 1  
 When the rights to an invention made by an employee have under the Act on the Right to Employees' 
Inventions (656/1967), below the ‘Employee Inventions  Act', been transferred to the employer and the 
employer intends to apply for a patent for the invention, the employee shall sign an assignment 
concerning the transfer of rights and any other do cuments that may be required in the patenting 
process, except where the employee considers that the rights to his invention have not passed to the 
employer.  
 The signing of the documents referred to in the fi rst paragraph shall not affect the amount of the 
compensation to be paid to the employee.   
Section 2  
 
The employee is entitled to the reasonable compensa tion referred to in section 7(1) of the Employee 
Inventions Act when the employer under the Act assumes rights in the invention.   If the employer and the employee agree upon transferring the rights back to the employee, such 
returning of rights shall be taken into account as a factor lowering the amount of the compensation.  
 
Section 3  
 
The value of the invention within the meaning of section 2(2) of the Employee Inventions Act refers 
to the economic value of the invention. In assessing the value, the total economic contribution of the 
invention shall be taken into account, even in the c ase where the invention only constitutes a part of a 
larger entity. Furthermore, both the value of the inven tion in the use of the employer or an enterprise 
belonging to the same group as this and the benefit derived from the transfer of rights shall be taken 
into account.   
The value of the invention shall be determined on th e basis of the measurable economic benefit, such 
as the savings in material, labour or energy costs pr oduced by the invention, derived by the employer 
from bringing the invention into use. The benef it is calculated by subtracting from the proceeds 
resulting from bringing the invention into use such in vestment, research, experimenting, patenting and 
other costs arisen after the submitting of an inven tion report which have been necessary for rendering 
the invention fit for use or sale.  
 
If, because of the nature and mode of use of the i nvention or for other special reason, the basis for 
determining the value of the invention stated in the second paragraph is not applicable, the value is to 
be determined through comparison to licensing agreem ents. The value of the invention shall in such 
case be determined on the basis of the licensing fee by which the employer could acquire the right to a 
corresponding free invention. Where rights to an i nvention are assigned by a licensing agreement, the 
net proceeds in accordance with the agreement shall be taken to be the value of the invention. Where 
anything else, such as know-how, is sold by the li censing agreement in addition to the rights to the 
invention, the value of the other elements included in the sale shall be subtracted from the price in 
determining the value of the invention.  IP/N/1/FIN/I/2 
Page 6  
 
  If the bases for determination stated in the second a nd third paragraphs cannot be  applied, the value of 
the invention shall be determined by assessing.   
Section 4  
 The scope of the right acquired by the employer stated in section 7(2) of the Employee Inventions Act 
comprises the rights the employer has assumed in the invention under section 4 of the Act.  
 
Section 5  
 In assessing the contribution to the making of the inve ntion of the terms in the employment contract 
and other circumstances relating to the employme nt referred to in section 7(2) of the Employee 
Inventions Act, attention shall be paid to the way the task has been defined and solved, to such aspects 
as how the technology and facilities provided by the employer have been utilized, as well as to the 
position of the inventor and his terms of employment and duties in the service of the employer.  
 
Section 6  
 
A reasonable compensation constitutes a part of the va lue of the invention which shall be determined 
by taking into account the factors stated in sections 4 and 5 above.   Section 7  
 
The reasonable compensation shall be determined so that  it consists in part of a lump-sum and in part 
of a compensation in the form of royalties.   
The compensation can nevertheless be determined in th e form of a lump sum where the invention is of 
minor economic significance, the invention remains unu sed or other special reasons thereto exist. The 
compensation can be determined in the form of a lump sum also in cases where the making of the 
invention clearly has belonged to the duties proper of the employee and the invention is of minor value, or where no such selling price can be specifi ed from which the royalty could be calculated.  
 Section 8  
 
The royalty-form compensation referred to in section 7 above shall be determin ed as a percentage of 
the price of the products in accordance with the inven tion or of the price of the products manufactured 
by a process according to the invention. If the prod uct constitutes only a part of the entire product to 
be marketed, the royalty can be determined as a per centage of the price of the product as a whole, but 
in fixing its size attention shall be paid to  the contribution made by the invention.  
 Royalties shall be paid for the period of time the inven tion is being exploited, but not for more than 20 
years.   Section 9  
 
This Decree enters into force on 1 October 1988.   
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