Default (statutory) regime for the ownership | Author / Inventor |
|---|---|
Default (statutory) regime for employee’s creations | In relation to patents: Employer, if an invention is accomplished in the course of performing the duties of an employee, or mainly by using the material and technical conditions of an employer. In relation to copyright: Employer, in case of drawings of engineering designs and product designs, maps, computer software and other works which are created in the course of employment mainly with the material and technical resources of the legal entity or other organization and for which the legal entity or other organization bears responsibility; the same applies to works created in the course of employment the copyright in which is, in accordance with laws, administrative regulations or contracts, enjoyed by the legal entity or other organization. In other cases, the copyright shall belong to the employee, but the employer shall have priority to exploit the work within the scope of its professional activities. |
Ownership of research results in publicly sponsored research | No specific rules |
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually | None |
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually | None |
Related law (name & link) | Patent Law of the People's Republic of China, Article 6 Copyright Law of the People’s Republic of China, Articles 11, 16 |
China