职务发明制度中的专利贡献率问题研究
发布时间：2019-01-06 19:41
【摘要】：随着全球科技水平的不断发展，经济的增长动力从依赖工业驱动逐渐转变为依靠知识经济的发胀。这其中，，知识产权已然成为世界各国角逐全球经济竞争制高点的重要决定性因素。一个国家科技力量的不断壮大，不仅仅依赖于科技的进步，一定程度上取决于其所拥有的职务发明的数量和质量。 目前，随着经济的发展中国面临着产业升级转型的双重重任，由于资源条件所限，依靠一己之力已很难做出更具价值的发明创造，相比之下对社会有重大意义的发明则多为职务发明。为此，如何合理利用职务发明促进创新型国家的转型，如何迅速增强自主创新能力，已成为我国的内生需求。 职务发明制度作为一项确立发明权利归属与利益分配的重要制度，其主要目的在于调整单位与员工间的利益平衡，而职务发明利益分配机制作为职务发明制度研究的重要组成部分，在激发员工发明创造的积极性、促进单位内部研究开发项目投资的增加，以及推动创新型国家的建设方面均具有重要意义。特别是职务发明贡献率已被国外许多国家，诸如日本、德国等列入计算职务发明报酬时应考虑的内容，并尝试通过导入公式以便单位能够更加正确地估算员工应获得的报酬。虽然在《职务发明条例草案（征求意见稿）》第十八条中提及，但仍缺乏实际可操作性。本研究将围绕职务发明奖酬制度，结合现有权利归属现状、贡献率参考因素对员工发明创造产生的积极作用，对职务发明奖酬制度细化标准的进行完善与补充。
[Abstract]:With the development of global science and technology, the power of economic growth has gradually changed from relying on industrial drive to relying on the expansion of knowledge economy. Among them, intellectual property has become an important decisive factor for the world to compete for the commanding height of global economic competition. The growing strength of science and technology in a country depends not only on the progress of science and technology, but also on the quantity and quality of the inventions it possesses. At present, with the development of economy, China is faced with the dual task of industrial upgrading and transformation. Due to the limitation of resources, it is difficult to make more valuable inventions by relying on one's own power. By contrast, the invention of great significance to society is mostly an invention of duty. Therefore, how to make rational use of job inventions to promote the transformation of innovative countries and how to rapidly enhance the independent innovation ability has become the endogenous demand of our country. As an important system to establish the ownership and distribution of the rights of invention, the main purpose of the system is to adjust the balance of interests between the units and employees. As an important part of the research on the job invention system, the distribution mechanism of the benefit of the job invention stimulates the initiative of the staff to invent and promotes the increase of the investment in the research and development projects within the unit. And to promote the construction of innovative countries are of great significance. In particular, the contribution rate of job invention has been included in many countries abroad, such as Japan, Germany, etc., which should be considered in calculating the compensation of job invention, and try to introduce the formula so that the unit can estimate the compensation of employees more accurately. Although mentioned in Article 18 of the Job inventions Bill (draft for comment), it is still not practical. This study will focus on the job inventor reward system, combined with the status quo of the ownership of the existing rights, the contribution rate of reference factors to the positive role of the invention and creation of employees, to improve and supplement the detailed standards of the system of compensation for job inventors.
【学位授予单位】：天津大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.42
本文编号：2403243
[Abstract]:With the development of global science and technology, the power of economic growth has gradually changed from relying on industrial drive to relying on the expansion of knowledge economy. Among them, intellectual property has become an important decisive factor for the world to compete for the commanding height of global economic competition. The growing strength of science and technology in a country depends not only on the progress of science and technology, but also on the quantity and quality of the inventions it possesses. At present, with the development of economy, China is faced with the dual task of industrial upgrading and transformation. Due to the limitation of resources, it is difficult to make more valuable inventions by relying on one's own power. By contrast, the invention of great significance to society is mostly an invention of duty. Therefore, how to make rational use of job inventions to promote the transformation of innovative countries and how to rapidly enhance the independent innovation ability has become the endogenous demand of our country. As an important system to establish the ownership and distribution of the rights of invention, the main purpose of the system is to adjust the balance of interests between the units and employees. As an important part of the research on the job invention system, the distribution mechanism of the benefit of the job invention stimulates the initiative of the staff to invent and promotes the increase of the investment in the research and development projects within the unit. And to promote the construction of innovative countries are of great significance. In particular, the contribution rate of job invention has been included in many countries abroad, such as Japan, Germany, etc., which should be considered in calculating the compensation of job invention, and try to introduce the formula so that the unit can estimate the compensation of employees more accurately. Although mentioned in Article 18 of the Job inventions Bill (draft for comment), it is still not practical. This study will focus on the job inventor reward system, combined with the status quo of the ownership of the existing rights, the contribution rate of reference factors to the positive role of the invention and creation of employees, to improve and supplement the detailed standards of the system of compensation for job inventors.
【学位授予单位】：天津大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.42
【共引文献】
相关期刊论文 前2条
1 张艳峰;;职务发明专利权归属探析[J];发展;2013年03期
2 许迎玲;;浅谈我国职务发明专利权归属制度[J];科技风;2014年16期
相关硕士学位论文 前1条
1 张磊俊;人员流动对专利权保护的影响[D];华南理工大学;2013年
本文编号：2403243
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