On The Issue Of Attribution Of Intellectual Property Rights In Technology Transfer

The commercial transformation of scientific and technological achievements, whether a transfer, a license or a financial contribution, cannot be separated from the issue of intellectual property rights. For this reason, this article especially takes the issue of ownership of intellectual property rights as the object for study.There are four chapters in this article.Chapter One is a general review. The first section of this chapter, first of all, puts a legal definition on the idea of the transformation of scientific and technological achievements. On this basis, the channels for the transformation of scientific and technological achievements are generalized and summarized in accordance with the relevant laws and practice. The second section of this chapter gives a detailed discussion on some intellectual property rights such as patent, software copyright, commercial secret, etc. which are closely related to the transformation of scientific and technological achievements, and presents separately their conceptions, characteristics of law and the situation of protection by domestic law and international treaties. And the final section of the chapter pinpoints some main issues about ownership of intellectual property rights that affect the transformation of scientific and technological achievements, namely, the ownership of the intellectual property rights of those people who have left posts, the ownership of the intellectual property rights that in the value of intellectual property rights, and the ownership of the intellectual property rights of scientific and technological achievements under the national plan.Chapters Two, Three and Four are separate discussions. A whole chapter is devoted to give detailed discussion of each of the three issues of intellectual property rights that affect the transformation of scientific and technological achievements.Chapter Two deals with the issue of the ownership of the intellectual property rights of those people who have left posts. In order to encourage the activities of transforming scientific and technological achievements in China, some provisions have been especially formulated in the relevant laws, administrative laws and regulations and local rules to allow scientific research personnel to be engaged in the transformation of the relevant scientific and technological achievements by adopting the forms of resignation, leaving posts, taking concurrent jobs, etc. However, because of this, the issue of the conflict between scientific and technological achievements of those who have quit their posts and the rights and interests of the original units may arise. For example, whether scientific and technological achievements invented and created by those who have quit posts are service inventions and creations belonging to the original units, whether they have infringed upon the technological secrets of the original units, whether they constitute an unfair competition with the business of the original units, etc. etc. On the basis of raising the above-mentioned issues, this chapter makes a comparison between the existing Detailed Rules for the Implementation of the Patent Law and the Law Against Unfair Competition,points out that they conflict with each other in terms of the provisions concerning the question of ownership of intellectual property rights, and puts forward the writer's own views and proposals on the above-mentioned issues.Chapter Three is concerned with the ownership of the intellectual property rights that in the value of intellectual property rights. It is firstly pointed out in the article the relationship between the assessment of the value of intellectual property rights and the transformation of scientific and technological achievements. The transformation of scientific and technological achievements is, in essence, a commercial transformation of intellectual property rights of scientific and technological achievements, namely, paid transfer of intellectual property rights, license, or taking them as financial contribution. T...