Study On Protection Of Therights Of Serviceinventors In Institutions Of Higher Education

In the people-centric era of globalization, institutions of higher education becomemore important regarding scientific research in our country. Universities and Colleges havebecome undoubtedly the major force conducting scientific research. However, legislation andlegal practice in our country concerning service invention lag behind the time of inventorpriority because of the outdated conception of unit priority. Inventors’ rights relating toservice inventions are not properly protected. The Outline of the National Long&Mid-termTalent Development Planning(2010-2020) proposes to improve the mechanism of allocatingIPR ownership and interests and increase the proportion of interests of inventors. Thisdissertation will probe the issues relating to the protection of the rights of service inventors ininstitutions of higher education.After the dissertation briefly presents the significance of this topic, literature review andresearch methods, It’s divided into four parts that are the basic theories, the present state oflegislation, comparative study of relevantforeign experience and some suggestions relating tothe main topic of protecting the rights of service inventor in institutions of higher education.The first chapter defines the concepts of service invention and service invention ininstitutions of higher education, differentiating non-service invention in institutions of highereducation. It also discusses the major contents of the rights of service inventors in institutionsof higher education, and the concept and the importance of the mechanism of protecting therights of service inventors of institutions of higher education. This chapter lays the theoreticgroundwork for later discussion.The second chapter describes the legislation and legal practice in China concerning theprotection of the rights of service inventors in institutions of higher education, pointing outdefects about ownership, interests allocation, the right to know, insufficient remedy affordingto service inventors in institutions of higher education. In practice, universities and collegeshold a strong position, paying little attention to rewarding service inventors. The rights ofservice inventors in institutions of higher education are unproperly protected.The third chapter introduces the mechanisms in the US, Japan and France of protecting the rights of service inventors in institutions of higher education, which are representative inthe world, providing examples for the mechanism of protecting the rights of service inventorsin institutions of higher education in our country.The fourth chapter proposes some suggestions for improving the mechanism ofprotecting the rights of service inventors in institutions of higher education in two aspects:legislation and legal practice.To sum up in the conclusion part, the author emphasizes three points. Firstly, competentgovernment departs on different levels in charge of IPR shall improve their investigation andresearch to help legislating new law and regulations to better protect the rights of serviceinventors. Secondly, the government, universities and colleges, enterprises shall implementthe rights of service inventors in every step of the collaborative scientific research. Thirdly,service inventors should take efforts to strengthen rights awareness and protect their ownrights, making good use of all sorts of means or channels to have and enjoy service inventionrights they deserve. Only this way, the research force in our country could grow, researchquality could improve, achievements could flourish and our nation could have more voice inthe international society during the process of promoting the revival of our nation.