The procedure for determining fair compensation for employee inventions, governed by Article 64, paragraphs 4 and 5, of the Industrial Property Code (c.p.i.), constitutes arbitration and not contractual determination pursuant to Article 1349 of the Civil Code, being directed to resolve through a decision the dispute arising between the parties regarding the amount of compensation, with application, within the limits of compatibility, of Articles 806 et seq. of the Code of Civil Procedure, and with the panel's decision having executive effect equivalent to an arbitral award.
The procedure for ascertaining the right to fair compensation for employee inventions and that for determining its amount before the panel of arbitrators are distinct from each other and possess their own autonomy, such that, in the absence of specific statutory provision, the latter cannot be considered as a continuation of the former for purposes of identifying the commencement date of the proceedings.
For purposes of applying Article 1284, paragraph 4, of the Civil Code, as amended by Article 17 of Legislative Decree No. 132 of 12 September 2014, the arbitral proceedings are deemed to commence from the date of submission of the application to the panel of arbitrators, and the new regime governing interest rates applies only to arbitral proceedings instituted after the expiry of the transitional provision.