On Inventions

The books of law are interesting ones and whenever you dive into interpretations - yes, interpretations - of paragraphs and laws, you have to look through the eye of the beholder in question.

If you want to know more about, how an employer interprets the law, choose one of the books tailored to suit their needs, if you are interested in the employee's perspective, ask the different unions.

It is not that easy.

I have served on a work's council and I have learned about the law regarding employment and work. It is important to note that I am not a lawyer or attorney, but that I have indeed a certificate that proves that I have learned how to write the sign used to indicate paragraphs the correct way. Two s's.

I will dive deeper into the realm of copyright and patents at a later point, but let me give you an advice: 

Never delete anything, document everything, your concepts, ideas and prototypes.

Also note that your permission has to be asked, if anything is to be recorded via any device. If you have not given permission, it is illegal and a crime has been committed.

And there is professional secrecy, the duty of confidentiality. A work's counsellor is bound by that, so are therapists, doctors, psychiatrists, lawyers and attorneys.

Dare to read.

I had a therapist in Germany whom I had confided in talk about what I had entrusted her with to others. It is against the law.

The same happened on the work's council I served on here in Austria. I had asked the head of the council for help in a matter and he was not to talk to others about it, since I had entrusted him not only with details of my childhood but also my medical records. When the situation escalated, he started to pronounce my name the wrong way. He had never done that before.

There was only one person, also a work's counsellor, who had a habit of doing that despite having known me for more than six years. I had called him out on it in front of our front office once, telling him that after knowing one another for more than six years and calling himself a friend of mine, he should be able to pronounce my name the right way. He wasn't. That was the moment I knew that they had been talking about me at length with someone else.
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PatG § 20 (1) & (2) are the the way. The inventor has to be named, it has to happen, the invention cannot be claimed as theirs by anyone getting them as an inheritance and even not wanting to be named as the inventor does not change that. The law - the Austrian that is - clearly states: The inventor has to be named.

If you are interested in learning more about the law in regards to work counsellors in Austria, take a look at ArbVR §115 and "Die Verschwiegenheitspflicht der Betriebsratsmitglieder" (Cerny: DRdA 1968, 73).  

Never delete anything if someone tells you "Deleting old messages is a good way of letting go of the past.".

Yes, it is.

​Especially, if it suits the one telling you that. ​​

Note as well, that it is possible that two or more people are working together to the detriment of someone else. It is called a conspiracy.   

​To me the practice of having archived everything came in handy, after I had designed a forum based online RPG. I had collected all my concepts and placed them in the hands of my attorney for archiving.

They were needed, when I had to write a letter I had never thought would be needed to be written and revoke all permissions given to use my designs and concepts. There had been more than one player involved.

I still have all the concepts and designs.

And yes, I still have a copy of that letter. 
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It is essential to be able to prove your words for it might happen that you all of a sudden have to make a stand. Especially, when money or prestige are involved.

It is also a sad truth that when you are seen as the "nameless" going against someone who has created an image or runs a bigger company, you are the one to better be able prove every step on the way. 

It is hard, it takes a toll, but it can be done. When in court, speak the truth and nothing but the truth. Once I had a judge ask the other legal advisor, why in the world they had expected us to sign a settlement that was clearly against the law. His tone of voice said it all. 

Kristin Raphaela Otti  ​