Meaning
Standard benchmarks for innovation rewards are used to calculate the extra pay for French researchers. This remuneration supplementaire is a statutory right that compensates the worker for the transfer of ownership to the employer. It applies specifically to inventions made by staff members who are hired to conduct research or development tasks.
Mandatory Nature
The requirement to pay this sum is public policy and cannot be waived by the employee in a contract. Even if the individual’s salary is high, the remuneration supplementaire must be paid as a separate award for each invention. This ensures that the incentive to innovate is preserved within the corporate structure.
Valuation Criteria
Collective bargaining agreements often define the minimum amount based on the rank of the employee or the importance of the discovery. If no agreement exists, the parties must negotiate a fair price that reflects the industrial and commercial interest of the patent. The remuneration supplementaire calculation takes into account the difficulty of the research and the personal contribution and the potential savings and the net profits.
It also considers the help provided by other staff members and the equipment used and the prior knowledge of the company and the state of the market.
Transaction Risk
Buyers of French companies scrutinize these payments to confirm that all technical staff have been properly rewarded. Unpaid claims for remuneration supplementaire can survive a company sale and become a liability for the new owner. Investors often require the target company to obtain formal releases from its inventors before the closing of a deal.
