(1) patent right (invention, utility model, design);
(2) Trademark right: the registered trademark and service trademark of the entity;
(3) Copyright: mainly includes engineering design, product design drawings and their descriptions, computer software, integrated circuit layout design: photography, video and other graphics, text and other creative works, as well as books, materials, large photo albums and other editing works.
(4) Business secrets: refers to technical information and business information that are not known to the public, can bring economic benefits to the unit, are practical, and are kept confidential by the unit. Mainly including non-patented technology, involving scientific research, design, production, management and market; Financial and other technical information and business information. Article 4 Inventions, creations or technological achievements (including phased achievements) that are performed by the entity or mainly made use of the entity's material and technical conditions are service inventions, creations or technological achievements: work undertaken or funded by the entity by making use of the entity's material and technical conditions. Materials and other creative conditions, the editing work that the unit is responsible for, are all job works. Inventions or technological achievements made in the execution of the tasks of this unit refer to:
1. Inventions, creations or technological achievements made by on-the-job personnel in completing their own jobs or tasks other than their own jobs delivered by their own units.
2. Inventions, creations or technological achievements made by retired, resigned or transferred from the original unit within one year after leaving the original unit and related to their work undertaken in the original unit or tasks assigned by the original unit. The material and technical conditions of the employer refer to the funds, equipment, materials, venues and undisclosed technical information and materials provided by the employer. Chapter II Ownership Article 5 All kinds of scientific and technological projects invested (or funded) by the state or departments belong to the state. On behalf of the state, the State Building Materials Bureau manages the property rights of the achievements of scientific and technological projects under its responsibility, and the project completion unit enjoys the right to hold and use them. Article 6 According to the national plan, the State Building Materials Bureau has the right to decide to implement the important invention-creation patents held by units in designated units, and the implementing units shall pay royalties to the patent holders in accordance with state regulations. Article 7 The right to apply for, hold, use and transfer a patent for a service invention-creation or service technological achievement belongs to the entity, and the person who completes it enjoys the right to sign relevant technical documents and the right to receive rewards and remuneration according to law. Non-service invention-creation or non-service technological achievements, and the ownership of the achievements is completed. Article 8. Authors have the right to reputation, awards and remuneration for their works. Other rights of copyright (such as the right to publish a work and the right to use it, etc.). ) enjoyed by the unit. Article 9 When a unit is changed or terminated, its patent right, non-patented technology ownership and copyright of works that are still within the protection period shall be enjoyed by the unit that undertakes rights and obligations according to law. If there is no legal entity that undertakes its rights and obligations, it shall be enjoyed by the state. Article 10 The undisclosed information generated or formed by this unit in the course of performing tasks belongs to this unit. This information includes technical and commercial information such as process parameters, test data, survey data, technical know-how, design scheme, bidding documents, user information, commercial channels, etc. Article 11 Unless otherwise agreed with the recipient, inventions or other intellectual achievements made abroad by the personnel assigned by the unit to give lectures, further study and training abroad shall be owned by the unit. Article 12 Inventions, creations or technological achievements made by training, further education, retirement, re-employment, loan or part-time workers who take advantage of the material and technical conditions of the receiving unit or school through legal channels shall be owned by the receiving unit or school, and the creators shall have the right to sign their names and receive rewards and remuneration. Article 13 Unless otherwise agreed in the contract, the rights of inventions, creations or technological achievements completed through cooperative development shall be enjoyed by all parties to the cooperation. The ownership of the invention-creation or technological achievement that has been commissioned for development shall be stipulated by the research and development party and the entrusting party in the contract. Chapter III Organizational Structure and Responsibilities Article 14 The Science and Technology Department of the State Building Materials Bureau is responsible for the protection of intellectual property rights of subordinate units, and its main responsibilities are:
(a) to formulate rules and regulations applicable to the intellectual property protection of the system, and to guide, supervise and inspect the intellectual property protection work of the directly affiliated units;
(2) Organizing publicity, study and experience exchange on legal knowledge related to intellectual property rights;
(three) to mediate and handle patent disputes of subordinate units according to law;
(four) to assist the subordinate units of the bureau or cooperate with other law enforcement units to mediate intellectual property disputes between the subordinate units of the bureau or outside the system of the bureau;
(five) responsible for the management of intellectual property rights of various national planned projects. Fifteenth units should be clearly in charge of the leadership and centralized management departments responsible for the protection of intellectual property rights, their main responsibilities:
(a) to publicize and organize employees to learn the laws and regulations on intellectual property protection, formulate detailed rules or measures for intellectual property protection in their own units, and organize their implementation;
(2) To be responsible for the patent or appraisal application, trademark registration and achievement registration of the undertaking unit;
(three) to determine the business secrets of the unit, and to clarify the content, scope and protection measures of the determined business secrets;
(four) to participate in the signing or examination of various contracts and agreements involving intellectual property rights;
(five) entrusted by the legal representative of the unit, responsible for the handling and litigation of intellectual property disputes on behalf of the unit.