The Study On The Protection Of Employee Inventor’s Rights In China

Innovation is the first driving force leading development,and talent is the foundation of innovation.Employee inventors are not only the main body and source of power for innovation and creation,but also the main driving force for the construction of a strong country with intellectual property rights.Only when the rights of employee inventors are protected,can the enthusiasm for invention and creation be strengthened,and the national scientific and technological strength can be strengthened.However,the problem of protecting the rights of employee inventors is still prominent in China,and there are still deficiencies in the relevant systems of the scope of rights of employee inventors,the subject of obligations,the distribution of rewards,and the means of protection,and then the judgment standard cited and the scale of the judgment by the court are not uniform,and then the legitimate rights of the inventors have not been effectively protected.Strengthen the protection of the rights of employee inventors,improve the protection system for the rights of related employee inventors,build an effective protection mechanism for the rights of employee inventors,and provide uniform judgment standards and judgment standards for judicial judgments.These are the construction of China’s current intellectual property system important contents.This article uses case analysis,literature research,historical research,comparative research and other research methods to introduce the relevant definition and categories of employee inventions and the main rights of employee inventors,and comment on the theoretical basis of the legitimacy of the source of the rights of employee inventors and clarify them.According to the current situation of legislation,judicature,and law enforcement in China,the article starts with the scope of rights,the subject of obligation,and the means of protection,points out the current problems in China such as the lack of part of the rights of employee inventors,the ambiguity of the subject of obligation,the incomplete of the reward and compensation distribution system,and the blocking of rights protection.On the basis of reference to foreign experience,combined with the background and needs of the domestic system,suggestions were made to expand the scope of protection of rights and interests,clarify the subject of obligations,improve the reward and compensation distribution system,and unblock the means of rights protection.