The Study Of Remuneration For Employee Inventions In China

Since the implementation of China's Patent Law,the cumulative amount of patent applications has become the world's top few.However,applications for patents for inventions of employees are less than the number of patent non-employees.China Intellectual Property Office, according to statistics,in 2008 the invention of our employees to apply the invention to apply for their own accounts for 50.8 percent of total,while the foreign employees to apply for invention patent applications accounted for the total proportion of 97.1 percent,more than 46.3 percentage points in China.Leading to this situation are many reasons,one important reason is that the inventor invented the employees;the design of the personal rights and interests has not been fully protected.China's Patent Law and its implementation details,while the inventor of the employee's incentive to make specific provisions,but because of imperfect legislation and the law of social development lags behind the properties,our current employees of the inventor of the provisions of protection,has lagged behind economic development in China's market realities. Therefore,from the legislative and practical efforts to change the status quo and for mobilizing the enthusiasm of the inventor,to promote enterprise development and enhancing China's comprehensive national strength has a crucial role.This article pointed out that China's first paid employee of the status of implementation of the invention,and the analysis of the status of the four reasons.There are "The employee invention law flawed","Units pay the employee a sense of invention and the lack of recognition of ","The design of the employee who invented the invention of cognitive awareness and lack of compensation","The present invention flawed reward system".Then,from the theoretical analysis of the nature of remuneration for employee inventions,criticized "the reward for labor that" unreasonable,at the same time that "the right of employees to be paid for the invention of intellectual property rights." At the same time,Introduced the major developed countries abroad (Germany,France,Japan,etc.) pay the employee invention system,and made available to learn from China's specific requirements and the implementation of the system.Through the analysis of "December 27,2008 amendments to the "Patent Law","the implementation details of patent law" which published in China Intellectual Property Office website" and" Shanghai,April 29,2007's "Shanghai,the right to ownership of inventions and post implementation Rewards"".In this paper,perfecting the functions of the legislative system of the invention concept of reward,that is,"service invention reward system should be operational and all-embracing","In practice,the invention functions to determine the remuneration should be considered various factors" and "How to express the proportion of employee remuneration invention" At the same time,this paper argues that the invention is necessary to improve the system of remuneration of employees,the employer should also pay the employee invention system to make specific provisions.Including "Business should be clear rules and regulations and incentives paid service invention is different from","Enterprises should be in the labor contract or other forms of clear incentives and rewards invention how to pay for the time of payment,etc." and "Internal development of a service invention to determine the remuneration of the standard procedures,from the procedural safeguards of justice."...