The Study On The Validity Of The Remuneration Agreement For Employee Inventions

Under China’s current legal system,the amount of remuneration for employee inventions is allowed to be agreed upon,and if there is no agreement,the statutory standard shall apply.Among them,when the agreed amount is significantly lower than the statutory standard,there is considerable controversy over the validity of the agreement: one opinion believes that it should be recognized as valid,and full space for autonomy of will is given;There is also a view that the focus of the review should be on the reasonableness of the contracting procedure,and the content of the contract does not affect the validity of the contract.In this regard,the first chapter of this paper sorts out three reasons behind the dispute: First,the current understanding of the balance between autonomy and coercion in the field of service invention remuneration is different,it should be clear whether there is a need for public power to intervene in the remuneration autonomy agreement and the corresponding degree of intervention.Secondly,there is currently a dispute over the reasons for the remuneration.If it is believed that the inventor can obtain the patent right based on natural rights,the remuneration should be reflected in the corresponding consideration when the invention is transferred;if the remuneration is regarded as the salary under the labor relationship,the amount must correspond Inventor’s labor value;if based on agency cost theory,freedom of agreement should be allowed,etc.Third,the disagreement stems from the blind application of the experience of comparative law.The institutional arrangements of various countries are very different,and blind reference may not necessarily adapt to my country’s national conditions.The article analyzes the above causes.The second chapter analyzes the balance between "autonomy" and "compulsion" in the field of service invention remuneration from the level of reality and necessity.At the actual level,the existing legal system cannot effectively regulate excessively low remuneration agreements: on the one hand,it is difficult for the inventor to claim the revocation of the contract on the basis of obvious unfairness;on the other hand,there are currently no corresponding mandatory provisions.When based on the level of necessity,public power intervenes in autonomy when it involves public interests and public order.From the perspective of the relationship between the inventor and the employer,the relatively weak position of the inventor determines that his freedom of expression is restricted;from the perspective of public order See,the market is not completely rational,so there is a need for public power to intervene.Aiming at the way and degree of public power’s intervention,the third chapter is based on the generation and development of service invention remuneration system in various countries,and traces its origin and explores its origin and system function.Among them,the consideration theory of the United States and Japan reflects the theoretical basis of the theory of natural rights,but it faces certain incompatibility in the modern production model;the mechanism in France before the establishment of the service invention compensation system reflects the theory of labor compensation Basic,but there is an essential difference between service invention remuneration and wages;the development trend of various countries reflects the incentive theory,but there is a misunderstanding of the incentive object and purpose,and the incentive for patent application should be returned from the patent remuneration theory.Therefore,the purpose of the system is not simple Incentives or protection of inventors,nor incentives for employers,but to promote the use of inventions to the greatest extent possible through the overall optimization of the system.When returning to the system purpose of service invention remuneration,Chapter 4 analyzes the consideration factors and interrelationships in the service invention incentive system based on the two main bodies of the inventor and the employer,the two links of invention-creation and application.Among them,the driving force of employers to create and use directly stems from the consideration of "cost-benefit",so the premise of incentives for employers is to reduce their costs in the process of remuneration determination,that is,to reduce the control of agreements;incentives for employees The realization of the effect depends on the setting of the incentive target,so the remuneration should be linked with the benefits after the invention is put into practice,so as to maximize the common interests between the employee and the employer.On this basis,Chapter 5 draws the conclusion: Generally speaking,the free agreement on remuneration should be respected,even if the agreement is significantly lower than the legal standard,the validity of the agreement should not be easily denied;The role of the collective negotiation mechanism should be brought into play through the intervention of public power,and the content should focus on examining whether the agreement between the two parties complies with the collective contract agreement,the relationship between the remuneration agreement and the benefits of the invention implementation.Effectiveness,thereby achieving a balance of interests among the whole.