Inventor Rights in China
An employee who invents while in the employment of a company enjoys the following rights:Since there is very little Chinese guidance on these requirements, the authors suggest that international employers use principles similar to those they apply under Japan's corresponding Article 35 of the Patent Law.
- 'Award' after completion of the invention;
- 'Reasonable remuneration' based on the 'exploitation and application' and
- Right to be named as inventor; and
- First right of refusal for transfer of patent ownership, on equal terms
offered to others.
The newsletter also discusses the March 1, 2006 requirements for trade exhibitions to set up Complaint Review Panels (CRP) on the floor of the show for resolving intellectual property infringement disputes. However, the punishments for infringing at a trade show are probably not sufficiently intimidating to have much effect:
if an exhibitor at the show is reported more than twice, the show sponsor
must deny that exhibitor from taking part in the next exhibition. However, the
law primarily refers to existing patent and copyright laws for punishments for