IP Key has been involved in in-depth research to understand how government-mandated systems for inventor remuneration function inEU Member States and China, and to investigate the impacts of these systems. The result ofthis research is therecent publication of two new reports on this important topic: one by Dr. Oliver Lutze of Spruson& Ferguson entitled Comparison on Employee Invention Laws and Regulations – Germany vs. China, and one by Prof. Guo of He of Renmin University entitled Comments on the Draft of Regulations on Service Invention (Exposure Draft of the Legal Affairs Office of the State Council). These two reports, available in both English and Chinese, can now be freely downloadedfrom the right hand column of this IP Key webpage (which also includes details of a workshop on inventor remuneration rules held earlier this year at Renmin University Law School in Beijing):http://www.ipkey.org/en/activities/upcoming-activities/item/3326-inventor-remuneration-rules-workshop

 

Abstract: This report primarily analyses the German and Chinese laws related to awards and remuneration for service inventions. Using comparative analysis, the current laws and the proposed amendments to them are reviewed as are historical changes in both legal systems. Additionally, practices in other European Member States are analyzed to identify similar or deviating developments.The author also draws on experiences handling remuneration matters in Germany and China in the analysis.

 

Comments on the Draft of Regulations on Service Invention (Exposure Draft of the Legal Affairs Office of the State Council)– by Prof. Guo He, Renmin University

 

Abstract: This report on service invention system focuses on ownership of rights and distribution of interests, and the difficulties in balancing legislation between legal intervention and market regulation principles. From the perspective of regulation and practice, it is necessary for China to formulate the Regulations on Service Invention, of which the specific provisions should be designed as a compulsory code that is guided by the principle of priority of agreement and supplemented by the minimum limits to encourage service invention, while balancing rights and obligations between an inventor and his/her employer. The Exposure Draft affirms the compulsory protection of the authorship right of inventors and their right to receive rewards and remunerations;however, there are improvements to be made in the connotation of service invention, protection of the author of technical secrets, legal effect of invention reporting system as well as inventor's right of assignment.

 

Source: IP Key