The Comparative Research On The Service Invention System In China And South Korea

The one of the goals of the patent system is to promote the implementation and application of the invention and innovation.At the very first,the invention patent only confers individual ownership.With the constant technology development and the gradual complication of the invention,the invention not only depends on knowledge and technology,but also needs many researchers to organically corporate as well as needs the support of equipment,materials,capital,information,lab and other materials and technology.Therefore,the possibility that the researchers in the society individually complete the invention and innovation is becoming smaller and the inventions and innovations which are completed by implementing the unit duties or using the materials and technology conditions are increasing day by day.In order to complete the service invention system in China,we shall refer to the legislation experience of other countries in combination with the national conditions of China,shall adjust the relevant invention affirmation of the unit obligations,shall clear and definite the affiliation of the rights,shall clear and definite the scope of the rights and obligations of the parties and shall improve the procedure and the substantive contents of the originators to encourage the units and inventors to put into technology innovation.This thesis starts from the introduction of the service invention in South Korea,in combination with the issues of the service invention system in China,we hope that we can use the Korean relevant rules for supplementing and perfecting the service invention system in our country.Therefore,this thesis will start from the introduction to narrate the necessity of perfecting the service invention system as well as the reference to Korean Law on Invention Prosperity.The first part firstly summarize the general concept of the commonly-used service invention system.The first chapter introduces the general and legal concept of service invention,the second chapter narrates the value orientation of the service invention system which includes the standpoint of the employer doctrine and employee doctrine and the compensation methods and the third chapter narrates the legislation model of service invention system and simply narrates the legislation of service invention of different countries and narrates the unified legislation of service invention system in South Korea,and finally narrates the necessity for our country to make separate legislation in our country.The second part firstly summarizes the establishment elements for service invention in South Korea,and then narrates the establishment elements for the service invention in China and the final part carries out the comparison among the scope of employer and employee,the other duties which are assigned beyond one’s own work,the invention which mainly use the material and technological conditions of the unit and the inventions which are relevant to the original unit after departing within one year and observe the unreasonable points of the systems in both China and South Korea.The first and second chapter in the third part firstly introduce the relationships of rights and obligations in the two countries from the rights and obligation of employer and employee and the final chapter makes a comparison among the two countries.The final part of this thesis respectively narrates the service invention compensation system,the two countries respect the will of the two parties from the point of preferential principle,however,the legal standard shall be referred to when the law is violated or the service invention system is unreasonable.The final chapter firstly analyses that the appointed preferential principles of both countries shall conform to the substantial and procedural events and compare the differences of these two countries,secondly narrates whether the unified compensation standard shall be established and the then narrates the adverse alteration principle of South Korea and then narrates the necessity of reasonable compensation for service invention in the case of failing to apply for service invention,abandoning the application right.In the conclusion part,this thesis generalizes the analysis results of service invention in both China and South Korea as well as the improvement of the system in our country.