Chapter 1 General Provisions Article 1 In order to effectively protect the intellectual property rights of colleges and universities, encourage the enthusiasm of faculty, staff and students in inventions and intellectual creations, give full play to the intellectual advantages of colleges and universities, and promote the industrialization of scientific and technological achievements, according to National intellectual property laws and regulations formulate these regulations. Article 2 These regulations apply to state-run higher education institutions, teaching and research institutions affiliated to higher education institutions, and enterprises and institutions (hereinafter referred to as “affiliated entities”). Higher education institutions and other educational institutions run by social forces shall refer to these regulations. Article 3 The intellectual property rights referred to in these regulations include:
(1) Patent rights and trademark rights;
(2) Technical secrets and business secrets;
(3) Copyright and related rights;
(4) School logos and various service marks of institutions of higher learning;
(5) In accordance with national laws and regulations or by law Other intellectual property rights enjoyed or held by higher education institutions as stipulated in the contract. Chapter 2 Tasks and Responsibilities Article 4 The tasks of intellectual property protection in colleges and universities are:
(1) Implement national intellectual property laws and regulations, and formulate guidelines, policies and policies for intellectual property protection in colleges and universities Planning;
(2) Promote and popularize intellectual property legal knowledge, and enhance the awareness and ability of intellectual property protection in colleges and universities.
(3) Further improve the intellectual property management system of colleges and universities and effectively strengthen the protection of intellectual property rights in colleges and universities;
(4) Actively promote and standardize the management of scientific and technological achievements and other achievements in colleges and universities The development, use and transfer of intellectual achievements and the development of the science and technology industry. Article 5 The educational administrative department of the State Council and the educational administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, within the scope of their duties, be responsible for the leadership and macro-management of the intellectual property work of colleges and universities nationwide or in their respective administrative regions, and comprehensively plan, promote, and guide and supervise the development of intellectual property protection work in colleges and universities. Article 6 The responsibilities that each institution of higher learning should perform in the protection of intellectual property rights are:
(1) Based on the actual situation of the school, formulate specific plans and protection regulations for intellectual property work;
< p>(2) Strengthen the organization and leadership of intellectual property protection work, improve the school’s intellectual property protection system, and strengthen the construction of the school’s intellectual property work institutions and teams;(3) Organize the implementation of intellectual property laws and regulations Education and training, and carry out intellectual property course teaching and research work;
(4) Organize and carry out the identification, application, registration, registration, evaluation and management of the school’s intellectual property rights;
( 5) Organize the signing and review of contracts for the development, use and transfer of intellectual property rights of the school;
(6) Coordinate and resolve disputes and disputes related to intellectual property within the school;
(7) Respond to Those who have made outstanding contributions in scientific and technological development, technology transfer and intellectual property protection will be rewarded;
(8) Organize and carry out international exchanges and cooperation in the school's intellectual property protection work;
(9) Other duties that should be performed in the protection of intellectual property rights. Chapter 3 Ownership of Intellectual Property Rights Article 7 Institutions of higher learning shall have exclusive rights to the following marks in accordance with the law:
(1) Trademarks applied for registration in the name of institutions of higher learning;
(2) School logos ;
(3) Other service marks of colleges and universities. Article 8 Inventions, creations or other technical achievements that are performed to perform the tasks of the school and its affiliated units, or are mainly accomplished by utilizing the material and technical conditions of the school and its affiliated units, are service inventions or technical achievements of higher education institutions.
The right to apply for patents for service-based inventions and creations belongs to institutions of higher learning. Patent rights are held by institutions of higher learning after they are granted in accordance with the law. The right to use and transfer job technical achievements shall be enjoyed by institutions of higher learning. Article 9: Works hosted by a higher education institution, created on behalf of the higher education institution, and for which the higher education institution assumes responsibility are the legal person works of the higher education institution, and their copyrights are enjoyed by the higher education institution.
Works created to complete the work tasks of colleges and universities are professional works. Except for the circumstances specified in Article 10, the copyright is enjoyed by the person who completed the work. Institutions of higher learning have priority in the use of professional works within their business scope. Within two years after the work is completed, the author shall not allow a third party to use the work in the same manner as the institution of higher learning without the consent of the institution of higher learning.
Article 10. Engineering designs, product design drawings, computer software, maps and other professional works that are mainly created using the material and technical conditions of higher education institutions and for which higher education institutions are responsible, as well as copyrights stipulated in laws, administrative regulations or contracts that are enjoyed by higher education institutions. For professional works, the author enjoys the right of authorship, and other rights of copyright are enjoyed by the institution of higher learning. Article 11: Information, materials, procedures and other technical secrets generated during the execution of scientific research and other work tasks of higher education institutions shall belong to the higher education institutions. Article 12 Personnel sent by colleges and universities to visit, pursue advanced studies, study abroad, and carry out cooperative project research shall be informed of the research they have conducted at the school, the inventions and creations they may have completed abroad, and the intellectual property rights they may have obtained. Sign an agreement to determine the ownership of their inventions and other intellectual property rights. Article 13 The inventions, creations and other technical achievements completed by students and researchers who study, pursue further studies or carry out cooperative project research in colleges and universities while participating in the school's research topics undertaken by their tutors or undertaking tasks assigned by the school during their school years, unless otherwise stated Except for the agreement, it shall be owned or held by the institution of higher learning. Personnel entering the postdoctoral mobile station should sign a special agreement with the mobile station on intellectual property issues before entering the station.