Analysis Of The Practice Of Rewards And Disputes For Job Inventions And Creations

Contribution of the enterprise technical personnel at service invention is different from general labor. The service invention reward and compensation to inventors or designers of the enterprise is the duty of law. It’s also the important measures of the innovation. A fair distribution of the property interests result from service invention between the enterprise and the inventor or designer is the core of the service invention reward and compensation system. After the inventors or designers patent for the invention, they will realize its value by implementing, licensing, transferring, investing equity and so on. The compensation amount extracted from patent net benefits should match their economic value, otherwise it shall be deemed that the enterprise doesn’t properly perform its obligation. The number of disputes about service invention has been a sharp increase in China. To solve the judicial problem and look for the judicial countermeasures, this paper will try to find suitable solution to the problem, and finally seek justice, by studying the service invention reward system in our country’s judicial practice and the basic theory, researching extensive legal cases, analyzing main points and difficulties of dispute trial, using semantic interpretation, systematic interpretation and objective interpretation and learning from foreign advanced experience.Firstly, this paper defines and analyzes the service invention and the service invention reward and compensation. It determines the legal character of intellectual property rights. This research about the service invention reward and compensation cases is very significant, through the statistics in the website of state intellectual property office of China about the patent applied quantity and effective quantity of the service invention, as well as the growth of such cases and the comparison of decisions by the court of Jiangsu in recent years. Secondly, this paper cites existing laws and regulations about the service invention reward and compensation system in China, and studies court decisions in recent years. From them, I choose five cases as the research object, analyzing general key points and difficulties in judicial practice about the service invention reward and compensation disputes. Then this paper also cites different views in theory and practice about the judicial difficulties on the service invention reward and compensation disputes. My research serves the judicial practice, seeking ways to resolve the difficulties. About the difficulty of the legal procedure, this paper explains the principle of priority of agreement and the principle of reasonableness. This paper analyzes in detail the theoretical basis that the legal standard will no longer be applied if the agreement is unknown. This paper researches the lawsuit limitation of the service invention reward and compensation and the legal status of co-inventors and co-designers according to existing legal system, as well as the influence of a prior labor dispute decision involving the service invention reward and compensation. About the difficulty of substantive disposal, the focus of this paper is to limit the judge’s discretion, and find a nicely calculated service invention reward and compensation. This paper qualitatively analyzes the related factors about the reward and compensation after learning from other countries such as Germany, France, America and Japan. It first reports the view that the judge cannot rise the proportion of the amount allocated and the amount of the service compensation because the patentee renounces the patent right or the patent right is declared invalidation, and also expounds specific reasons. Then,what is at issue is whether inventors or designers have the right to ask for the service invention reward and compensation in several cases, such as death, labor dispatch, secondment, part-time employment and internship. Finally, this paper defines the inventory in our country, and gives some legislative proposals to improve the inventory in order to change the weak position of the inventors.