A Research On Defects Of Contract Effect Of Award And Remuneration In China

The relevant provisions of our service invention reward system clearly define the way and amount of reward that the enterprise and duty inventors can freely negotiate through the stipulation of reward.The manifestation of the defects of the award agreement includes the defects of the reward agreement procedure and the content defect of the reward agreement.At present,the situation of relevant legislation and judicial review is not satisfactory.There is a lack of procedural judgment standards,the lack of operability of substantive judgment standards and the lack of invalid clauses on how to judge whether there is a defect in the validity of the award.By summarizing the disputes in China in recent years,it is found that the court has defects in the application of the legal basis and scope of examination,factors of consideration and the determination of reasonable reward in the judicial review of the award.The award for the agreed defects of the effectiveness of theoretical analysis,The contract agreement is essentially a civil contract between the equal civil subjects.The contract opposite price is the remuneration for the job invention.The defect of the agreement of the award is a defect in the validity of the contract.We can introduce the obvious unfair system to analyze and solve the problem of the defects of the award agreement,which is unfair.The award agreement with blemish can be invalid or recognized directly because the fact that the duty inventor exercises the right ofrevocation in different cases.For our country,the design of the price system,the legal procedure judgment standard,the legal calculation standard of the remuneration and the Japanese court's views on the contribution degree and the reasonable price calculation method are worthy of reference.On the basis of the analysis of the basic theory related to the defect of the award,we can find out how to improve the legislative status and the current situation of the judicial review by drawing on the relevant legislation and judicial review experience on the defects of the appointment effect of the job invention award in Japan.In short,procedural standards and substantive judgement standards should be set up at the legislative level.The right to know the information of the duty inventor is given,and the factors that need to be referenced for calculating the reward of service invention is specified.At the same time,we should increase the terms of determining the validity of the award,including revocable clauses and invalid clauses.Abolish the distinction between no reward agreement and reward agreement,change the content of statutory calculation standard of remuneration.In the judicial review,the law and regulations of the patent law are used as the legal basis for the dispute cases of the award remuneration of the judicial post,and the procedural and substantive examination of the remuneration agreement is emphasized.When conducting a procedural review,we should focus on whether the enterprise fully listened to the opinions of the job inventors.In the substantive review,we should consider introducing patent evaluation mechanism as a decision reference.