Interim Measures for the Management of Intellectual Property Rights of Research Institutions of the Chinese Academy of Sciences Research and Transformation of Scientific and Technological Achievements
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Chapter I: General Provisions
Article 1 In order to make the intellectual property work of our institute better meet the requirements of building an innovative country, better adapt to the requirements of building a reform, innovation and harmonious Chinese Academy of Sciences, and better adapt to the requirements of the transfer and transformation of scientific and technological achievements under the conditions of socialist market economy, these interim measures are formulated in accordance with the relevant national laws and regulations and the relevant provisions of the Constitution of the Chinese Academy of Sciences.
Article 2 These Interim Measures shall apply to research institutions affiliated to the Chinese Academy of Sciences (hereinafter referred to as research institutions) and their staff and related personnel. Other affiliated institutions may refer to the implementation.
Research institutions refer to research institutes, schools, stations, stations, centers and other institutions engaged in scientific and technological research directly under the academy.
Staff refer to the incumbents, hired personnel, visiting researchers, graduate students and postdoctoral fellows in the research institution, as well as advanced study, internship and substitute training personnel.
Relevant personnel refer to those who have been retired, retired, or transferred to work for less than one year after leaving the research institution, or who have been otherwise agreed.
Article 3 The term "intellectual property rights" as used in these Interim Measures includes:
1. The right to apply for a patent, the right to apply for a patent and the right to apply for a patent;
2. Copyright and copyright-related rights;
3. The exclusive right to use trademarks;
4. Rights to new plant varieties;
5. Exclusive right of layout design of integrated circuits;
6. Trade secrets (including technical secrets);
7. The exclusive right to mark the name, badge and network domain name of the research institution;
8. Other intellectual property rights stipulated by national laws.
Article 4 The Planning and Finance Bureau is the competent department in charge of intellectual property rights of the Institute, and is responsible for the coordination, guidance, organization and management of the intellectual property work of the Institute.
Chapter II: Application of Intellectual Property Rights
Article 5: Research institutions shall vigorously promote the transfer and transformation of intellectual property rights by means such as implementation, licensing others to carry out, transferring, and valuing shares.
The transfer or licensing of intellectual property rights by a research institution to a foreign institution, an individual, or a domestic foreign-funded or foreign-controlled enterprise shall be reviewed and approved by the intellectual property management department and the confidentiality committee of the unit, and shall be handled in accordance with the law.
If a research institution fails to promote the application of intellectual property rights within a reasonable period of time after obtaining them, the institute may, in accordance with national laws and regulations and the relevant provisions of the institute, entrust other institutions or individuals to promote the application, and the institution or individual shall pay royalties to the research institution with intellectual property rights in accordance with the relevant provisions of the state.
Article 6 Service inventors and designers of intellectual property rights shall have the responsibility to cooperate with the promotion and application of intellectual property rights in their own units.
Article 7: Research institutions employing methods such as implementation, licensing others to implement, transfer, or valuing shares to promote the use of intellectual property rights shall conduct an assessment in accordance with law, and the intellectual property management department and asset management department of that unit shall review and report to the leadership for approval, and handle it in accordance with law.
Article 8 The transfer of intellectual property rights for national defense and secrecy by a research institution shall be reviewed and approved by the intellectual property management department, asset management department and secrecy committee of the unit, and shall be submitted to the leadership for approval, and shall be handled in accordance with law.
Article 9 When a research institution obtains profits from the promotion and application of intellectual property rights by means of implementation, licensing others to implement, transfer, or valuing shares, it shall, in accordance with the provisions of the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements, the Patent Law of the People's Republic of China, the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China, and other relevant national laws and regulations, give reasonable remuneration to service inventors, designers, and personnel who have made important contributions to the promotion and application.
Article 10 Research institutions shall withdraw a certain percentage of the income from their own income as a bonus to reward service inventors, designers and personnel who have made important contributions to the promotion and application.
Article 11 The state-owned assets management limited liability company of the institute shall establish an intellectual property operation institution in accordance with law, participate in the intellectual property operation of research institutions in a market-oriented manner, and assist research institutions in carrying out the promotion and application of intellectual property rights.
Chapter III: Creation and Ownership of Intellectual Property Rights
Article 12 Research institutions shall implement the management of the whole process of intellectual property rights of scientific research projects, and when necessary, assign intellectual property specialists to scientific research projects, who shall be responsible for the tracking and planning of intellectual property rights in the initiation, implementation, acceptance and post-evaluation of scientific research projects.
The intellectual property specialist should be familiar with the cutting-edge trends of science and technology, intellectual property legal knowledge and scientific research project management knowledge, and take up the post after obtaining the post qualification certificate issued by the institute after training and examination.
The intellectual property commissioner of the major projects of the institute shall be recommended by the supporting unit and appointed by the intellectual property department of the institute. The intellectual property commissioner of important directional projects shall be appointed by the research institution and reported to the intellectual property department of the institute for the record. Other projects shall be organized and implemented by the research institutions themselves.
Article 13 The inventor or designer shall report to the intellectual property management department of the unit for review and approval of the relevant achievements that meet the requirements for application or registration of intellectual property rights, and shall handle them in accordance with the law.
Research institutions should strengthen the planning and management of relevant scientific and technological achievements before application or registration to avoid loss of novelty.
Article 14 An invention-creation completed by staff members and related personnel in the performance of the tasks of the unit or mainly by making use of the material and technical conditions of the unit is a service invention-creation, and the intellectual property rights obtained in accordance with law shall belong to the research institution to which they belong.
Article 15 When a research institution conducts cooperative research or accepts commissioned development with domestic or foreign organizations or individuals, it shall sign a contract for cooperative research or entrusted development, and stipulate the ownership of intellectual property rights in the contract.
Article 16 After obtaining intellectual property rights in accordance with law, service inventors and designers have the right to sign intellectual property documents and receive honors and awards.
In accordance with the relevant laws and regulations of the state, service inventors and designers shall be rewarded according to the principle of matching between institutes and research institutions.
Article 17 Except as otherwise agreed in the project assignment or contract because it involves national security, national interests, or major social public interests, the intellectual property rights obtained by undertaking national and academy science and technology projects shall be enjoyed by the research institutions undertaking the tasks. Research institutions shall take effective measures to protect and promote the application of intellectual property rights in accordance with the law, and submit annual reports on the protection and promotion and application of intellectual property rights to the academy.
Article 18 After the change or termination of a research institution, the legal entity that inherits its rights and obligations shall enjoy its intellectual property rights. If there is no legal entity to bear its rights and obligations, the intellectual property rights owned by it shall be disposed of by the court.
Article 19: The ownership of the name, badge, network domain name, and other identifiers of a research institution belongs to the research institution to which it belongs. No unit or individual shall use it without the authorization of the research institution.
When establishing an institution in the name of a research institution, signing a contract or agreement, etc., it shall be authorized by the research institution.
Chapter IV: Protection of Intellectual Property Rights
Article 20 Research institutions shall take confidentiality measures, including entering into confidentiality agreements, establishing confidentiality systems, and taking other reasonable measures to protect their intellectual property rights.
Article 21: Staff and related personnel must not infringe upon the intellectual property rights of other organizations or individuals. Any person who infringes on the intellectual property rights of other organizations or individuals and suffers losses or legal proceedings shall be held liable by the person directly responsible, and the research institution to which he belongs shall not bear any responsibility.
Article 22 The intellectual property achievements of participating in various exhibitions at home and abroad shall be reviewed and approved by the intellectual property management department and the confidentiality committee of the unit, and shall be submitted to the leadership for approval.
Article 23: Research institutions shall, in accordance with law, actively stop acts infringing on their intellectual property rights through administrative and legal proceedings, and safeguard their intellectual property rights and interests.
The remaining part of the infringement compensation or compensation fee obtained from mediation, arbitration and litigation after deducting the corresponding costs of mediation, arbitration and litigation shall be regarded as the proceeds of licensing others to exploit the infringement fee and the remaining part shall be distributed to the inventor and designer for reward.
Article 24: Where the secrecy committee of that unit determines that an application for a national defense or secrecy patent or other secrecy intellectual property rights should be made, a social intermediary organization with national defense or secrecy qualifications shall be entrusted to act as an agent.
For national defense and secrecy intellectual property rights that need to be declassified, they shall be reviewed by the intellectual property management department and the secrecy committee of the unit, and reported to the leadership for approval, and handled in accordance with law.
Article 25 Where it is necessary to give up the intellectual property rights that have been obtained, it shall be reviewed by the intellectual property management department of the unit and reported to the leadership for approval, and handled in accordance with law.
The intellectual property rights provided for in paragraph 7 of Article 3 of these Interim Measures shall not be waived without the approval of the court.
Article 26: Where staff members or relevant personnel steal, steal, tamper with, illegally possess, counterfeit, transfer without authorization, transfer in disguise, or license the use or otherwise infringe upon the intellectual property rights enjoyed by the research institution in accordance with law, the research institution shall order it to make corrections and, depending on the circumstances, decide whether to give corresponding punishment to the person directly responsible.
Where there is no right to dispose of it, the research institution shall request and assist the relevant administrative departments to make a disposition in accordance with law and pursue their civil liability, and where a crime is constituted, criminal responsibility shall be pursued in accordance with law.
Article 27 The Chinese Academy of Sciences and research institutions have the right to pursue legal responsibility for any organization or individual who, without the authorization or permission of the Chinese Academy of Sciences and its research institutions, plagiarizes, steals, tampers, illegally possesses, counterfeits, transfers without authorization, disguised transfer, or licenses the use or otherwise infringes upon the intellectual property rights enjoyed by the research institutions in accordance with law.
Chapter V: Management of Intellectual Property Rights
Article 28 The institute shall establish a two-level intellectual property management system under the guidance of the institute and the operation of the research institution.
The intellectual property management function of the institute is to implement the national intellectual property strategic deployment, formulate the intellectual property strategic planning and work plan of the academy, and guide the intellectual property management of research institutions.
The intellectual property management function of research institutions is to implement the strategic deployment of intellectual property rights of the institute, formulate the strategic planning, management methods and work plans of intellectual property rights of the unit, and organize and promote the creation, application, protection and management of intellectual property rights of the unit.
Article 29 In principle, a research institution shall have a leader in charge of intellectual property work, establish an intellectual property management system and work system, and establish or designate a special agency to undertake the intellectual property management functions of the unit.
Article 30 The institute shall establish an intellectual property training system, and conduct intellectual property training for the leaders in charge of intellectual property work, management backbones and scientific and technological personnel of research institutions, so as to improve the awareness and ability of intellectual property rights of the whole institute.
Article 31 Research institutions shall standardize the management of intellectual property archives and file them in a timely manner in scientific research. Service inventors and designers shall submit legal documents and relevant technical materials in a timely manner.
Under the overall framework of the informatization construction of the institute, research institutions should strengthen the informatization construction of intellectual property technology archives and improve the informatization level of intellectual property management.
Article 32 Research institutions shall establish a research mechanism for intellectual property strategy, and regard intellectual property strategy as an important and integral part of their scientific and technological development plan.
Article 33: A special evaluation mechanism for intellectual property work shall be established in the evaluation index system of the institute, and the management and operation of intellectual property rights of research institutions shall be promoted.
Article 34: When a research institution signs an employment contract, labor contract or relevant agreement with its staff and relevant personnel, it shall include relevant provisions such as intellectual property rights protection and non-competition restrictions, and clarify the rights and obligations of both parties and the liability for breach of contract.
The staff and relevant personnel sent by the research institution to participate in study, advanced study and cooperative research shall do a good job in the transfer of technical files and materials, and shall not dispose of the service inventions, creations or other achievements of the research institution without written permission. The ownership of the rights of the invention-creation completed during this period shall be agreed upon by the research institution and the receiving organization through a contract.
Article 35 Before leaving the post, the staff and relevant personnel shall return all technical data, experimental materials, experimental equipment, samples, products and relevant technical secret materials related to the research work to the research institution where they belong.
After leaving the company, without the written permission of the original research institution, the above-mentioned materials, materials and information shall not be reproduced, published, leaked, used, licensed or transferred, and shall not use the intellectual property rights or materials, materials and information obtained or mastered by the original research institution to engage in activities detrimental to the interests of the original research institution.
Chapter VI Supplementary Provisions
Article 36: Research institutions shall, in accordance with these Interim Measures, formulate measures for the implementation of their own intellectual property rights.
Article 37 The Planning and Finance Bureau shall be responsible for the interpretation of these Interim Measures.
Article 38 These Interim Measures shall come into force on the date of promulgation, and the Provisions on the Protection of Intellectual Property Rights of the Chinese Academy of Sciences (for Trial Implementation) issued before shall be repealed.
Interim Measures for the Management of Intellectual Property Rights of Research Institutions of the Chinese Academy of Sciences Research and Transformation of Scientific and Technological Achievements - Research of the Chinese Academy of Sciences - Transformation of Scientific and Technological Achievements - Research Center of the Chinese Academy of Sciences - Research Center of the International Academy of Sciences http://www.sino-managerw.cn/v.php?info_id=13558