Chapter I General Provisions Article 1 In order to effectively protect the intellectual property rights of institutions of higher learning, encourage the enthusiasm of faculty and students for invention and intellectual creation, give full play to the intellectual advantages of institutions of higher learning and promote the industrialization of scientific and technological achievements, these Provisions are formulated in accordance with the national intellectual property laws and regulations. Article 2 These Provisions shall apply to institutions of higher learning organized by the state, teaching and research institutions affiliated to institutions of higher learning, enterprises and institutions (hereinafter referred to as affiliated units). These Provisions shall apply to institutions of higher learning and other educational institutions organized by social forces. Article 3 Intellectual property rights mentioned in these Provisions include:

(1) Patent right and trademark right;

(2) Technical secrets and commercial secrets;

(3) Copyright and its neighboring rights;

(four) the school emblem and various service marks of colleges and universities;

(five) other intellectual property rights that institutions of higher learning enjoy or hold in accordance with the provisions of national laws and regulations or in accordance with the law in the contract. Chapter II Tasks and Duties Article 4 The tasks of intellectual property protection in institutions of higher learning are:

(a) the implementation of national intellectual property laws and regulations, formulate guidelines, policies and plans for the protection of intellectual property rights in institutions of higher learning;

(two) publicity and popularization of intellectual property legal knowledge, enhance the awareness and ability of intellectual property protection in colleges and universities.

(3) further improve the intellectual property management system in colleges and universities, and effectively strengthen the intellectual property protection in colleges and universities;

(four) actively promote and standardize the development, use and transfer of scientific and technological achievements and other intellectual achievements in colleges and universities, as well as the management of the development of science and technology industry. Article 5 The education administrative department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within the scope of their functions and duties, be responsible for leading and macro-managing the intellectual property work of colleges and universities nationwide or within their respective administrative regions, and making overall plans, promoting, guiding and supervising the development of intellectual property protection work of colleges and universities. Article 6 Institutions of higher learning shall perform the following duties of intellectual property protection:

(a) combined with the actual situation of our school, formulate specific planning and protection provisions for intellectual property work;

(2) Strengthen the organization and leadership of intellectual property protection, improve the intellectual property protection system in our school, and strengthen the construction of intellectual property institutions and teams in our school;

(3) Organizing education and training on intellectual property laws and regulations, and conducting teaching and research on intellectual property courses;

(4) Organizing the identification, application, registration, registration, evaluation and management of intellectual property rights in our school;

(5) Organizing the signing and examination of contracts for the development, use and transfer of intellectual property rights in our school;

(six) to coordinate and solve disputes and disputes about intellectual property rights within the school;

(seven) to reward people who have made outstanding contributions in scientific and technological development, technology transfer and intellectual property protection;

(8) Organizing international exchanges and cooperation on intellectual property protection in our school;

(nine) other duties of intellectual property protection that should be performed. Chapter III Ownership of Intellectual Property Rights Article 7 Institutions of higher learning shall enjoy the exclusive right to use the following signs according to law:

(1) A trademark applied for registration in the name of an institution of higher learning;

(2) calibration;

(3) Other service marks of institutions of higher learning. Article 8 Inventions and creations or other technological achievements made by carrying out the tasks of the school and its subordinate units, or mainly using the material and technical conditions of the school and its subordinate units, belong to the service inventions and creations or technical achievements of institutions of higher learning.

The right to apply for a patent for a service invention-creation belongs to institutions of higher learning. After the patent right is granted according to law, it shall be held by institutions of higher learning. The right to use and transfer the technical achievements of posts shall be enjoyed by institutions of higher learning. Article 9 Works sponsored by institutions of higher learning, created on behalf of the will of institutions of higher learning and undertaken by institutions of higher learning are legal person works of institutions of higher learning, and their copyright shall be enjoyed by institutions of higher learning.

A work created to accomplish the tasks of an institution of higher learning is a job work, and the copyright shall be enjoyed by the person who completed it, except as stipulated in Article 10. Institutions of higher learning have the priority to use the works within their business scope. Within two years after the completion of a work, the author shall not permit a third person to use the work in the same way as an institution of higher learning without the consent of the institution. Article 10. Authors shall enjoy the right of authorship in works of post such as engineering design, product design drawings, computer software and maps. Works created mainly by making use of the material and technical conditions of institutions of higher learning and in charge of them, as well as job works in which the copyright is enjoyed by institutions of higher learning according to laws, administrative regulations or contracts, and other copyrights are enjoyed by institutions of higher learning. Article 11 Technical secrets such as information, materials and procedures formed by institutions of higher learning in the process of carrying out scientific research tasks belong to institutions of higher learning. Twelfth institutions of higher learning to send personnel to visit, study and carry out cooperative project research abroad shall sign an agreement with the dispatched institutions of higher learning to determine the ownership of their inventions and other intellectual property rights. Article 13. Unless otherwise agreed, inventions, creations and other technological achievements made by students and researchers who study, pursue advanced studies or conduct cooperative project research in institutions of higher learning, participate in research projects undertaken by tutors or undertake tasks assigned by institutions of higher learning shall be owned or held by institutions of higher learning. Personnel entering the post-doctoral mobile station shall sign a special intellectual property agreement with the mobile station before entering the mobile station.