The Ownership Of The Rights Of The Technical Work In China

The ownership of the rights of any technical work is a distribution of the social resources.It is meaningful for the development of our society to optimize the allocation of such rights in order to encourage technology innovation and make the value of technical work maximum.However,there are many problems in the related laws governing such rights of the technical work,which has caused different viewpoints in judicial practice,therefore it is necessary to make some modification to the laws related to the rights of the technical work.With such a motivation,this thesis collects the related laws,investigates the judicial practice and checks the academic to find a better solution to allocate the ownership of such rights which combines the characteristics of the technical work and impact indexes to the ownership and consists with the purpose of the technology contract.This thesis is constituted of three parts: introduction,main body and conclusion.The main body includes four chapters:The first chapter is a summary of definitions,characters and categories,to set forth the definitions of the technical work and its rights,and to analyze and categorize the characters of such rights,and to find its meaningfulness.The second chapter is a description of the current situations,with investigation of the current academic theory,collection of the current legislation,and survey of the current judicial practice.By the investigation,it is found that the discussion of the allocation of such rights is not sufficient and there isn’t any popular viewpoints,the relationship and the stipulation of the related laws are not clear and rational,there are some inconsistencies,legal but unreasonable judgment.The third chapter is an analysis of the obstacles to allocate such rights,the main problems are within the contract law and between the contract law and other related laws,there are unfair problems as the ownership is determined by the category of the contract,and there are unreasonable,unenforceable,singleness and without consideration of the contribution of the current resources problems as the ownership is determined by the category of the technical work,and there are problems or conflicts that are not easily solved because there are loopholes,conflicts,unlinked,dynamic,and sometimes different rights on the same technical work may conflict.The fourth chapter is a suggestion to improvement,to find a get-through path of the current obstacles,with the leading role of the contract law bridging the related laws,to treat to respect the purposes of contracts,to the benefit of the non-default and non-fault party,to facilitate the technical innovation,with consideration of both maximization of the value and fairness,not to violate the national and public interest as the basic principles,to regard to respect the natural characters of technical works,to consider the material and technological environment relied on by the technical work,to balance the territoriality of the rights and non-territoriality of the technical work,to consider the dependency between the new and the old technical work,to consider standardization and internationalization of the development of the technical work as the main rules.