The provisions on ownership of intellectual property rights in labor contracts are: when selling subject matter such as computer software with intellectual property rights, unless otherwise provided by law or otherwise agreed by the parties, the intellectual property rights of the subject matter do not belong to the buyer. Recipient. The sale of intellectual property rights is a type of rights sale. Contractual legal relationships involving the transformation of rights subjects are clearly stipulated in relevant laws and will be explained in the text.
1. What are the regulations on the ownership of intellectual property rights in labor contracts? The regulations on ownership of intellectual property rights in labor contracts are: when selling subject matter such as computer software with intellectual property rights, unless otherwise provided by law or otherwise agreed by the parties, Except for the above, the intellectual property rights of the subject matter do not belong to the buyer. The sale of intellectual property rights is a type of rights sale. Contractual legal relationships involving the transformation of the subject of rights are generally referred to as the transfer of rights in relevant laws.
II. Intellectual property confidentiality matters stipulated in the labor contract 1. The "Labor Contract Law" stipulates that for employees who have the obligation to keep confidentiality, the employer may agree with the employee in the labor contract or confidentiality agreement to compete for intellectual property rights. employment restriction clauses, and stipulates that after the labor contract is terminated or terminated, workers will be given monthly financial compensation during the non-competition period. In this case, the new casting mold process confidentiality agreement signed between Dongsheng Foundry and Wang Hui was in the nature of a non-competition agreement. 2. The "Labor Contract Law" also stipulates that if an employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The so-called violation refers to the behavior that after the labor contract is terminated or terminated, the party concerned goes to another employer that competes with the unit that produces or operates similar products or engages in similar business, or starts his own business to produce or operate similar products or engages in similar business. . 3. Personnel subject to non-competition restrictions are limited to senior managers, senior technical personnel of the employer and other personnel with confidentiality obligations. The scope, region, and duration of non-compete restrictions are agreed upon by the employer and the employee. Non-competition restrictions have a certain period, which may not exceed two years at most.
3. What is intellectual property rights? Intellectual property rights, also known as "knowledge ownership rights", refer to "the property rights enjoyed by the right holder in the results of his or her intellectual labor", generally only for a limited time. efficient. Various intellectual creations such as inventions, designs, literary and artistic works, as well as logos, names, and images used in business can be considered intellectual property rights owned by a certain person or organization. According to Professor Mark Lemley of Stanford Law School, widespread use of the term "intellectual property" emerged after the establishment of the World Intellectual Property Organization in 1967. Intellectual property rights are the exclusive rights regarding the fruits of intellectual labor created by human beings in social practice. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system has emerged and is constantly being improved. Nowadays, there are more and more infringements of intellectual property rights such as patent rights, copyrights, and trademark rights. The modern patent system came into being in the first half of the 17th century; a hundred years later, the "patent specification" system came into being; and more than a hundred years later, starting from the needs of the courts in handling infringement disputes, the "claims" system came into being. "system. In the 21st century, intellectual property rights are closely related to human life. Intellectual property rights are everywhere. We can see its important role in business competition. Invention patents, trademarks, and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, as well as new plant variety rights and exclusive rights to integrated circuit layout designs. Intellectual property rights are an encouragement and right of ownership of the fruits of labor, and it is also a right that workers should enjoy. The owner of the employees' labor results during their employment in the unit, that is, their intellectual property rights, should also include the employer. Usually the employer will clearly stipulate the issue of intellectual property rights in the labor contract, and it needs to reach an agreement with the employee on this issue.