1. What are the provisions on the ownership of intellectual property rights in the labor contract?
The stipulation on the ownership of intellectual property rights in the labor contract is that if the subject matter such as computer software with intellectual property rights is sold, the intellectual property rights of the subject matter do not belong to the buyer, except as otherwise provided by law or agreed by the parties. The sale of intellectual property is a right sale. The contractual legal relationship involving the transformation of the right subject is generally called the transfer of rights in relevant laws.
Two. Confidentiality of intellectual property rights agreed in the labor contract
1. "Labor Contract Law" stipulates: For workers who have confidentiality obligations, the employer may agree with the workers on non-competition clauses in the labor contract or confidentiality agreement, and after the labor contract is dissolved or terminated, the employer shall pay the workers economic compensation every month within the non-competition period. In this case, the confidentiality agreement of new mold technology signed by Dongsheng Foundry and Wang Hui belongs to the non-competition agreement.
2. The Labor Contract Law also stipulates that if a worker violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The so-called violation refers to the behavior of the parties who, after the dissolution or termination of the labor contract, go to other employers that have a competitive relationship with their own units to produce and operate similar products or engage in similar businesses, or start their own businesses to produce and operate similar products or engage in similar businesses.
3. Non-competition personnel are limited to the senior managers, senior technicians and other personnel with confidentiality obligations of the employing unit. The scope, region and duration of non-competition shall be agreed by the employer and the employee, and there shall be a certain period of non-competition for a maximum of two years.
Three. What is intellectual property?
Intellectual property, also known as "intellectual property rights", refers to "the property rights enjoyed by the obligee on the fruits created by his intellectual labor", which is generally valid only for a limited time. All kinds of intellectual creations, such as inventions, designs, literary and artistic works, as well as signs, names and images used in business, can be regarded as intellectual property rights owned by a certain person or organization. According to Professor Mark Lemley of Stanford University Law School, the word "intellectual property" was widely used after the establishment of 1967 World Intellectual Property Organization.
Intellectual property is the exclusive right of intellectual labor achievements created by human beings in social practice. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system came into being and was constantly improved. Nowadays, there are more and more violations of intellectual property rights such as patents, copyrights and trademarks. The modern patent system came into being in the first half of17th century. A hundred years later, the "patent specification" system came into being; More than a hundred years later, the system of "patent claim" came into being for the need of the court to deal with infringement disputes. 2 1 century, intellectual property rights are closely related to human life and are everywhere. We can see its important role in business competition.
Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer's name and country of origin, as well as the right to new plant varieties and the exclusive right to layout design of integrated circuits.
Intellectual property rights are an encouragement and ownership of the fruits of workers' labor, and they are also the rights that workers should enjoy. The ownership of employees' labor achievements during their service in the unit, that is, their intellectual property rights, should also include the employer. Usually, the employer will clearly stipulate the issue of intellectual property rights in the labor contract, and it is necessary to reach an agreement with the workers on this issue.