On April 2, 2015, the State Council Legislative Affairs Office (“SCLAO”) published a draft of the Service Invention Regulations along with an accompanying explanation. The draft was prepared with the assistance of SIPO and the Ministry of Science and Technology. Comments are due by May 2, 2015.
Here is a quick translation of what the explanation says about the “hot issue” of the balance between contracting autonomy and providing mandatory minimum rewards for inventors:
The draft fully respect the autonomy of the parties, and adopts the principle of priority of the agreement on the rights of ownership and incentive remuneration reached by the parties according to law. At the same time, in order to prevent a disguised deprivation or restriction of the rights of the inventor by the employer, the draft establishes a certain restriction on the principle of priority of the agreement of the parties. The draft provides that whenever there is nullification of the inventor’s rights under these regulations, or when the enjoyment or exercise of these rights is subject to unreasonable contractual provisions or rules, those conditions are invalid.
Categories: China IPR
Attached see a link to some reports commissioned by IP Key (the European Union technical assistance project) on the how to possibly improve China’s draft Service Invention Regulations: http://www.ipkey.org/en/activities/past-activities/item/3326-inventor-remuneration-rules-workshop.