The Study On The Protection Of Employee Inventor’s Right

Employee invention is the base of the industry economic, is an important factor in realization the development strategy of industry (including business). Economic globalization is the global trend in today’s economy development. The employee invention is not only individual rights, but more and more attention by the enterprise and the state. Employee invention is an important part of the invention system, the number and the quality has become the measure of a country’s competitiveness and innovation capacity index. We can see the developed countries in the world, all devote themselves to realize the balance of interests between employers and employees, and they pay more attention to satisfy the demands of employee. This paper is mainly on our country’s existing laws and regulations as the basis; analysis the protection of the employee inventors’rights in both substantial and procedural aspects still has many deficiencies. Based on the successful experience of developed countries, puts forward some countermeasures for the situation of our country, so that the employee invention system will become an important factor in our country development.In this paper, except the. introduction and the conclusion, there are four chapters:The first part mainly introduces and analyses the inventors rights and interests protection theory, first introduced the service invention system, secondly, analyzed two kinds of interests balance employee invention contains, including individual rights and public interests, employee’right and employer’right; finally, describes the necessity of protect employee inventor’s right. The second part mainly introduces the regulations of employee invention system in our country, and point out there still has some problems. Is mainly reflected in the definition, calculation, reward the right in the employee invention system. The third part introduces the regulations in developed countries and some areas of our country. Mainly introduce successful experience of Japan, France, Germany, and America. Except that, this part is still introduce the policy of Shanghai, Nanjing, Beijing and other places in our country. In the fourth part, the author suggests following reforms to Employee Invention System in China:1. redefining the invention range,2.If the circumstances are serious violations of authorship,the inventor can request compensation for spiritual damages,3.Perfect the related regulations on Award-reword System of Employee Invention4.Perfect the legal proceedings in protect employee rights.