The characteristics of intellectual property rights are: 1. The results of intellectual activities involve products created by mental labor; 2. The exclusive right to prohibit others from re-making and re-using without permission; 3. Its protection mode is tort litigation or anti-imitation litigation. Article 3 These Provisions shall apply to the intellectual property rights of Chinese scholars and collaborators sent by the health system through various channels, and at the same time, they shall also apply to the intellectual property rights obtained by independent research or joint research in China with foreign funding. Article 4 These Provisions will also apply to research papers, works, etc. which are not completely within the scope of intellectual property mentioned in Article 2, but have the basic characteristics of intellectual property. Article 5 Specific measures for the protection of intellectual property rights shall be handled through consultation with the relevant parties in the host country on the basis of equality and mutual benefit and following general international laws and practices. Article 6 Where the contents of intellectual property rights involve national security or vital interests and need to be kept confidential, it shall be handled in accordance with relevant state regulations. Article 7 the right to use the technical achievements of the post. The right of transfer belongs to the unit. The unit shall, according to the benefits obtained from the use and transfer of the technical achievements of the post, reward the individuals who have completed the technical achievements.
the right to use and transfer non-post technical achievements belongs to the individual who has completed the technical achievements, and the individual who has completed the technical achievements has the right to dispose of the non-post technical achievements.
where a patent is applied for or granted for a post-service technological achievement, all units or holders of the patent right shall reward the inventor or designer of the post-service invention-creation in accordance with the relevant provisions of the patent law; After the implementation of the invention-creation, the inventor or designer shall be given a certain reward according to the scope of its popularization and application and the economic benefits obtained. Article 8 The sending unit shall educate the overseas students and collaborators on the protection of intellectual property rights as an important part of the pre-study training abroad. Chapter II Publication of Works Article 9 If the research results are published in the form of papers or works, the author's name, unit and address shall be indicated regardless of the order of signature. Article 1 When Chinese scholars use the funds applied by foreign tutors who directly guide or participate in this research topic, the opinions of the tutors should generally be sought and respected. Eleventh Chinese scholars use the funds applied by foreign tutors, and their research topics are basically completed without the direct guidance or participation of the tutors. Generally, the signature of published works should be negotiated with the tutors to strive for being the first author. Article 12. Unless otherwise agreed or contracted, Chinese scholars should be the first authors of published works for research projects mainly completed by Chinese scholars with funds applied by themselves alone or with each other. Article 13 Unless there is another agreement or contract, the order of signature should generally be agreed according to the primary and secondary roles in the research work. Article 14. If a research achievement with important academic significance or practical value is published in the form of a treatise, which may reveal its technical secrets, it can be published in sections, and the research part with * * * will be written and published abroad, so as to keep its own ideas and technical secrets and continue to complete and publish it after returning to China. Fifteenth experimental research records and original data, where there is a certain value, should try to sort out a set of copies and bring them back to China for future reference. Article 16 If it is possible to apply for a patent for a research achievement in the future, in order to maintain its novelty, it is generally necessary to avoid making public the key technical contents of the invention achievement. Chapter III Application for Patents Article 17 Inventors should consider applying for patents for technological achievements that are novel, creative and practical and have development and production value. Article 18 In accordance with the spirit of the circular "Provisions on Patent Application for Inventions and Creations Made by Chinese Scholars Abroad" jointly issued by the Chinese Patent Office, the Ministry of Foreign Affairs and the State Science and Technology Commission, in order to enable Chinese scholars to apply for patents in time for inventions and creations made abroad, the science and technology department of Chinese embassies abroad or other departments in charge of scientific and technological work (hereinafter referred to as the science and technology department of the embassy) is responsible for the management of the above-mentioned patent application for inventions and creations. The domestic centralized unit is the Patent Office. Article 19 According to Article 25 of the current Patent Law of China: "Drugs and substances obtained by chemical methods" cannot be patented in China at present, but they can be patented in most countries such as Europe, the United States and Japan. Therefore, Chinese scholars may consider applying for patents abroad for the inventions of the above-mentioned drugs or chemical substances during their stay at home and abroad. Article 2 Microorganisms themselves cannot be patented in China, and only inventions of methods (including equipment) for producing microorganisms and methods (including equipment) for producing various products by using new or known microorganisms can be patented. However, most countries, such as Europe, America and Japan, stipulate that microbial methods and varieties can be protected by patents. Therefore, Chinese scholars can consider applying for patents abroad for the inventions of the above microorganisms during their stay at home and abroad.