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A Research On Employee Invention Remuneration System In China

Posted on:2017-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:H SunFull Text:PDF
GTID:2296330503459318Subject:Intellectual property
Abstract/Summary:PDF Full Text Request
Nowadays, the pattern of global economic growth has converted into a mode of knowledge economy growth. Scientific and technological innovation have become the key factor that determines a country’s economic growth power and its competitiveness in the world. In the same way, employee invention, should also been treated as a power to enhance an enterprise’s competitiveness.There is no good way to find out the exact profit gain from the invention, the initiative of the inventor and creator will be stricken. Legislative intend to fully protect the rights of autonomy between enterprise and the inventor, but the unclear rules have given the enterprises more discretion. The above fact will impair a company’s competitiveness, and also become an obstacle in our nation’s development in the future scientific and technological. How to construct a good reward system has become more and more important to keep the employers’ investment remain enthusiasm and employee stay initiative.On one side, because of Legislator want to give enterprises and inventors right of autonomy, so they won’t impose enforcement of statutory standards to them; But on another side, enterprises will not take the inventors’ feelings into account in practice. Because of the unequal status of the two sides, which finally leading to the imbalance of interest. The question is, who should have the right to decide the remuneration system?The article is divided into four chapters. Based on a large amounts of analysis, field research and case analysis, I will offer my own suggestion to its future development.Chapter One- a general introduction to the legal system of service invention and basic theory and historical comparison of service invention remuneration system. From two perspective of law and practice at present, to analyze the existing problems in service invention remuneration legal system.Chapter Two- From case and implementation status of enterprises to discuss. The part of case study is based on half a year field investigation. I analyze the present legislation situation in China, and from the combination of theory and practice, analyze the problem of the remuneration system.Chapter Three- the foreign remuneration system of service invention and revelations for China. The third chapter is based on introduction and analysis of the part, through to the legislation of abroad.Chapter Four- some suggestions to improve China’s remuneration system of service invention. Based on “Interest Balancing Principle” and “Autonomy of Will”, I analyze the legislation deficiency combined with practice, and put forward some ideas of building.
Keywords/Search Tags:Patent, Service Invention, Remuneration System, Balance of interests, Autonomy of will
PDF Full Text Request
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