Common use of Service Inventions Clause in Contracts

Service Inventions. The Managing Director hereby irrevocably assigns to the Company all rights in and to all inventions and work results created by him during the service relationship with the Company, irrespective of their patentability or utility model eligibility, all technical and organizational improvement proposals, and all computer software made and developed by the Managing Director during the term of this agreement (“Inventions”), irrespective of whether the Inventions were created during the Managing Director’s working hours or, to the extent the Inventions relate to the Managing Director’s contractual duties, outside his working hours, and the Company hereby accepts this assignment. To the extent that assignment of a right in such an Invention is not legally possible, the Managing Director hereby grants to the Company the irrevocable, exclusive, temporally, substantively and geographically unrestricted (worldwide) rights of use of the Inventions, in particular for the paid or unpaid exploitation, publication, reproduction, distribution, adaptation, further development, broadcasting, intangible reproduction and/or making available to the public in Germany and abroad free of charge and against payment in whole and/or in part, as well as any other current or future possible use (whether or not currently known), including on the internet or other new media. The Company hereby accepts this grant. The Company is further entitled to exercise these rights in whole or in part itself or through third parties, to transfer them to third parties and to grant sub-licenses, as well as to grant third parties exclusive and non-exclusive rights of use; and furthermore to apply for intellectual property rights in connection therewith (including in connection with other services and work results of the Managing Director, the Company or a third party), whereby the Managing Director shall make all declarations required in the course of any registration proceedings. The Company has no obligation to exploit the Inventions. The Managing Director waives the right to be named as the author of any work result, the right to create adaptations and the right to make a work publicly accessible. The Managing Director shall immediately notify the Company of any Invention, and in case of doubt all inventions and discoveries that could be patentable or could lead to a patentable invention, and shall offer them to the Company for realisation. The Managing Director shall treat his inventions, discoveries and other work results as confidential and keep them secret from third parties. This grant of rights and waiver of rights is fully compensated by the remuneration paid to the Managing Director under this agreement. The Managing Director is obliged to ensure in the performance of his duties that no copyrights, ancillary copyrights or other rights of third parties are infringed.

Service Inventions. The Managing Director hereby irrevocably assigns to the Company all rights in and to all inventions and work results created by him during the service relationship with the Company, irrespective of their patentability or utility model eligibility, all technical and organizational improvement proposals, and all computer software made and developed by the Managing Director during the term of this service agreement (“Inventions”), irrespective of whether the Inventions were created during the Managing Director’s working hours or, to the extent the Inventions relate to the Managing Director’s contractual duties, outside his working hours, and the Company hereby accepts this assignment. To the extent that assignment of a right in such an Invention is not legally possible, the Managing Director hereby grants to the Company the irrevocable, exclusive, temporally, substantively and geographically unrestricted (worldwide) rights of use of the Inventions, in particular for the paid or unpaid exploitation, publication, reproduction, distribution, adaptation, further development, broadcasting, intangible reproduction and/or making available to the public in Germany and abroad free of charge and against payment in whole and/or in part, as well as any other current or future possible use (whether or not currently known), including on the internet or other new media. The Company hereby accepts this grant. The Company is further entitled to exercise these rights in whole or in part itself or through third parties, to transfer them to third parties and to grant sub-licenses, as well as to grant third parties exclusive and non-exclusive rights of use; and furthermore to apply for intellectual property rights in connection therewith (including in connection with other services and work results of the Managing Director, the Company or a third party), whereby the Managing Director shall make all declarations required in the course of any registration proceedings. The Company has no obligation to exploit the Inventions. The Managing Director waives the right to be named as the author of any work result, the right to create adaptations and the right to make a work publicly accessible. The Managing Director shall immediately notify the Company of any Invention, and in case of doubt all inventions and discoveries that could be patentable or could lead to a patentable invention, and shall offer them to the Company for realisation. The Managing Director shall treat his inventions, discoveries and other work results as confidential and keep them secret from third parties. This grant of rights and waiver of rights is fully compensated by the remuneration paid to the Managing Director under this agreement. The Managing Director is obliged to ensure in the performance of his duties that no copyrights, ancillary copyrights or other rights of third parties are infringed.