当前位置: 首页  科研成果知识产权保护制度
科研成果知识产权保护制度

Intellectual Property Protection Stipulation


Chapter 1 General Rules

1. According to the“Patent Laws of the People's Republic of China ", "Copyright Law ofthe People's Republic of China”, “Technology Contract Law of the People'sRepublic of China", "Conversion of scientific and Technological Achievementsof the People's Republic of China" and "Computer Software Protection Regulation”and other documents, combining the situation of our laboratory, we formulatethe “IntellectualProperty Protection Regulations” toprotect the lab scientific achievements.

2.Laboratory personnel include working staff, students, visitingscholars, postdoctoral researchers and other hiring staff.

3. The intellectual propertiesincludes theory research results, technology research results, soft scienceresearch work, monograph,  patent,trademark, firm, technical secret, computer software copyright, right to uselicense, enforcement right, transfer ownership of the right, and otherintellectual property rights of the lab in accordance with the contract and nationallaws.

Chapter2  Ownership

4. Laboratory personnel carry out laboratoryprojects or use the laboratory material technical conditions to finish inventionand creation, the intellectual property right of the invention and creation belongsto the lab. The invention and creation completed by the lab including:

(1) Invention of the laboratory project,includes the invention from scientific program, contract project, optionalsubjects and self-raised funds undertaken by the lab.

(2) Theinvention and creation is completed excepted for the lab task.

(3) Theinvention and creation relevant to the lab is completed by someone who hasretired, resigned or suspended from duty without pay within one year

(4) To usethe laboratory material technical conditions refers to the fund, equipment partmaterials, test conditions and technical data, or non-public technicalmaterials and the technical conditions in the name of the laboratory to gain.

5. Aftercompleted the research, the result should apply for a patent in time if it’snecessary; it should be timely apply for varieties variety rights if it’snecessary; computer software should be registered software copyright; it shouldbe timely apply for trademark rights if it’s necessary; it should be apply forthe confidential technology secret patent if it conforms with relevant laws.  The technical secret is valuable but not suitableto apply for a patent shall be protected.

6. Thetechnical secrets and related business information produced during theresearches belong to the lab. Relevant personnel have the confidentialityobligation according to the relevant confidentiality provisions of the nationaland laboratory.

7.  The scientific cooperation agreement andcontract signed in the name of the lab, must be authorized by the lab directoror relying on the approval of the competent department of SCUT, and it mustcontains the  protection of intellectualproperty rights and the distribution of the ownership of intellectual propertyrights and interests.

Chapter3 Management

8. The invention and creation belonging to the lab isthe intangible assets of the laband wont be transferred with the inventor's retirement or resign.There is no one can own the invention and creation privately. The lab should protect the legalrights of creators. The lab have right to deal with the invention belonging to the lab, but the inventor has aright to know.

9. The inventor should fill thepatent application form signed by our laboratory, and hand in patentapplication materials to the Patent Office.

10.

Laboratory personal invention(that is, for a non-service invention-creation) need to apply for patents,shall be issued by the laboratory for a non-service invention-creation thatafter review and technology, can apply for by individuals themselves

10. For the invention dispute,it has to be dealt with by the campus academic committeewith the lab preliminarytreatment advance. The committeewill give a judge after reviewing the situation. If the patents infringementand patent dispute is relevant to the outside organization, the Science &Technology Division will negotiate to the outside organization with the lab evidencematerials.

with the other units, by thelaboratory to provide the relevant evidence materials, by foreign processingand technology

11. Invention patentapplication fee of domestic service and the first three years upkeep fee willbe funded by the lab. Application expense includes application fee, substantialexamination fee, agency fee, changing charge of transferring from non-serviceinvention to service invention. The funding of agency fee depends on the lowestprize of the market, the rest part should be spent from the inventor scientificproject. Invention patent application fee of foreign service and the firstthree years upkeep fee will be funded 50% of the total (The same patents willbe funded 2 countries mostly.)

When applying for the funds, the inventor has to hand inthe patent fund application form (signed and sealed by the work unit), AcceptanceNotice of Patent Application, and the first page of Requestfor Patent Invention.

As for the patent that has been funded by the lab or campusaward, the government funding will use in the protection of intellectualproperty rights.

12. If the lab cant transformthe technological achievement with practical value to implementation, theinventor can make the transformation of the achievement without changing the achievementownership. The project leader and the inventor cant ownthe technological achievement privately to violate of the lawful rights andinterests of the laboratory.

13. The scientific andtechnological achievements of intellectual property licensing and transformationreferring to units or individuals at home and abroad, must be checked by thelab director and the relevant department of SCUT and be signed the contract by theScience & Technology Division of SCUT, asking the law counselors forcomment if necessarily.

14. To transfer the patent applicationright or the patent right to foreigners, it shall be approved by the relevantdepartments of the State Council. To carry out the transformation of scientificand technological achievements activities with overseas enterprise, other foreignorganization or foreign individual has to evaluate the value of the scientificand technological achievements in accordance with the relevant regulations ofthe state.

15. The achievements completeunit, achievements transformation unit and investment unit of the scientificand technological achievements, should sign the contract on the subsequentexperiment, development , application and production management of scientificand technological achievements , to clearly prescribe the rights and risks ofeach other. The lab will not undertake the losses and responsibility caused by mismanagement.

16. Papers, monographs, patentsand award-winning results should be timely registered at the lab, handed and archivedthe original or copy, certificate original to the lab and the Science &Technology Division.

17. The main researchers of theaward-winning results cooperated with other outside units, and the results winningall kinds of academic group rewards, should submit the reward original to the Science& Technology Division to check and archive timely.

18. The main completer of the scientific and technologicalachievements is responsible for the comprehensiveness and truth of the submitted materials. If the completer is found to fraudor plagiarism others work, the reward will be returned and he should be chargedwith criticism or penalty according behavior if possible.

19. Todo well in confidentiality and protection of intellectual property rights ofscientific and technological achievements. The project team members have a responsibilityto keep secret. The project team has to make the technological secretprotection plan and submit to the relevant department if the scientific andtechnological achievements need to keep as technological secrets. The leakershave to assume legal responsibilities according to the secret laws.

20. All technology transfer, technologyconsulting and service and technology development of the lab must abide by therelevant laws and regulations. All technology developments must be approved bythe lab academic committee.

Chapter4  Rewards and Punishments

21. Anyoneof the lab cant violate these regulations to transfer, transform or use scientific and technological achievements. The violatorwill be punished accordingto the regulations for the protection of intellectual property rights.

22. Theviolator will take criminalresponsibility according to law and bear corresponding liabilities forcompensation; if he is the member of the Communist Party, the party committee willtake party disciplinary action according to discretion and the relevantprovisions.

Chapter5 Supplementary Provisions

23. The other provisions shallbe followed according to the relevant state departments stipulations.

24. These regulations takeeffect in the date of implementation.

25. The rules are interpreted by the lab.