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PRC Gov. Agencies
Inventor's Remuneration Seminar
Date:2012-09-14


    Seminar on the Legal and Practical Issues concerning the Inventor’s Remuneration
           

    Entrusted by the Laws and Regulations Office of SIPO, Renmin University of China (the “RUC”) and QBPC jointly held a seminar on the legal issues concerning the inventor’s remuneration (the “Seminar”) in Mingde Building of RUC on July 26, 2012. Mr. Yonghua Zhang, Director of the Department of Treaty and Law of the State Intellectual Property Office (the “SIPO”), Mr. Jun LIANG, Director of Intellectual Property Center of the Ministry of Industry and Information Technology (the “MIIT”) and Mr. Weike DU, Judge from the IP Tribunal of the Supreme People’s Court (the “SPC”) participated in this Seminar and made speeches. Mr. Jack Chang, the Chairman of QBPC, Ms. Yan Zhang, Vice Chair of QBPC, Mr. Xiaoyang Qu, the Chairman of Patent and Innovation Committee (the “PIC”), Mr. Fei Zeng, Vice Chairman of PIC joined this Seminar.


    Prof. He Guo, Deputy Dean of the Intellectual Property School of RUC presided at this Seminar and made an introductory presentation and showed a big welcome to QBPC. Mr. Yonghua Zhang gave a brief introduction related to the enactment of Draft Regulations of Inventor’s Remuneration (the “Draft Regulations”) and the progress. He added that as the response to the National Talents Development Guidelines, SIPO initially prepared the Draft Regulations on the basis of thorough and serious research on foreign legislation pattern and experiences, and adequate collection of feedbacks and comments from different enterprises in various industries so as to reach the end of allowing the technology factor can play a more reasonable and active part in the distribution of the interest allocation. The main purpose of the Draft Regulations is to reach a balance between the inventors and the enterprises, as well as a balance between inventor’s legitimate right and enterprise’s autonomy. In the end, Mr. Yonghua Zhang emphasized the aforesaid move also would be a great momentum for building the harmony society. The aim of this Seminar was to listen to and seek the comments and opinions from the enterprises’ representatives, and to perfect the Draft Regulations and enable it become more practicable by doing so. Judge Weike Du briefly shared his practical experience with the attendees by expressing that, cases in connection with technical contract disputes constitutes a small part of the total amount of civil cases statistically, but such kind of cases are more likely to exert huge impact in the society and attract more public attention. Studying the relevant issues in these cases, such as: the ownership of intellectual property, inventor’s remunerations and so on, has always been of significant importance. Mr. Jun Liang made a conclusion from the perspectives of enterprise autonomy, interest relationship between inventors and the enterprises, creation of the “Big Invention”, report procedure of the service invention and remuneration system. With his considerable practical experience, Jack Chang shared his unique insights related to statutory influence on the foreign and domestic enterprises: whether such Draft Regulations can encourage inventors’ creativities; and whether it can facilitate the progress of harmony society. He completed the presentation by pointing out that legislators, entrepreneurs and experts should also pay close attention to the impact caused by such Draft Regulations on the enterprise’ R&D strategic deployment, particularly those of the foreign ones, during the process of draft, enactment and implementation of the Draft Regulations.


    Ms. Yan Zhang, Vice Chair of QBPC, Mr. Xiaoyang Qu, Chairman of the Patent and Innovation Committee, Ms. Feng Ren, director of IP department of Panasonic, Mr. Jun Deng, senior patent manager of Novozymes, Ms. Xiaoqiong Xiang, Director of Compliance Department of GE, Mr. Xin Yan, manager of the Intellectual Property Department of Hua Wei, and Mr. Yang Xu, Chief Patent Lawyer of the Simcere made their wonderful presentations respectively. Hot debates mainly focused on the following issues: who is responsible for the payment for the inventor’s remuneration; how to reasonably calculate the aforesaid remuneration; and whether the Draft Regulations should specify the technological secret and computer software issues. Most of the participants agreed with that the enterprises which established  employment relationship with the inventors should be the entities which bear the burden of such payment; How to calculate the remuneration for the inventor is the hottest topic in this seminar and participants expressed their concerns that enterprises should have maximum autonomy to decide the formula for such calculation,  the right to hammer out their own articles of association according to laws and regulations, and the right to reach an agreement with the inventors so as to make it fit in with the applicable laws and regulations; and, as to the third problem, representatives from enterprises strongly suggested that the clauses in connection with “Big invention” should be deleted from such Draft Regulations; stipulate more guidance clauses while less compulsory ones in such Draft Regulations;  enact a reasonable rate of remuneration; and promote the feasibility of the Draft Regulations. Moreover, Jun Deng, Xin Yan and Yang Xu presented their special practical experiences in Biotech, IT and Pharmaceutical industries.


    Participants continued the discussion after the session of representative presentation moderated by Prof. He Guo. QBPC suggested to the competent officials that inventors should be invited to join such type of seminar next time when the time is right so as to better the draft regulations and enhance the practicality of it.


    Director Yonghua Zhang from SIPO added that it planned to seek public comments in September after obtaining sufficient feedbacks from all the stake holders through several rounds of discussions held by the working group.

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