No statutory compensation regime for employee inventors in Ireland
The disparity between Irish and English law regarding the compensation of employees for exceptionally successful inventions, could be seen recently in two decisions of the English High Court.
Under English law, an employee can be compensated for inventions of “outstanding benefit” to his or her employer and it provides for an employee to secure a “fair share” of the benefit which the employer derives from such inventions.
…there is currently no statutory right to compensation even for the most exceptional invention in Ireland....
Although this provision has been part of English law for over 30 years, employees faced an uphill battle to secure compensation, mainly due to the general vagueness of the law and the lack of precedent. However perseverance paid off and the first reported successfully contested claim came to pass in February 2009. A more recent English judgment came again in December 2009, and gave further insight into the interpretation of the relevant law – but again affirmed these rights of employees.
Irish employees do not benefit from the same statutory treatment in relation to inventions. Although it is sometimes the practice in some industries, for example the public sector, to share the benefits of the invention with employees, there is currently no statutory right to compensation in Ireland, even for the most exceptional inventions.
Related cases:
Shanks v Unilever Plc and Others
Kelly and Chiu v GE Healthcare Ltd
