Proprietary technology refers to the exclusive rights enjoyed by the inventor for the technology he invented. For some newly invented technologies, inventors are unwilling to disclose them or apply for patents. They belong to the inventor's private property and are monopolized by secret. If we can prove the secret formula and process of the proprietary technology, the related technology of the manufacturing method necessary for patent implementation, and the practical proprietary methods and technical knowledge developed by the manufacturer in the research that have not been mastered by its competitors, we can prove the ownership of the proprietary technology. Collective trees can give up ownership, and everyone can give up their rights freely. Ownership is a right. If trees are planted privately on collective land, the ownership of the trees belongs to the growers, but the owner of the collective land use right shall return the unjust enrichment obtained by planting trees privately, and shall be liable for compensation if the infringement is caused. If the land belongs to the village collective and there is a contract agreement with the farmers, the trees planted by the farmers on their own land shall be owned by the farmers. (1) Ownership is absolute. Ownership does not need the positive behavior of others, as long as others do not interfere, everyone can realize their rights by themselves. The subject of obligation of ownership relationship is everyone except the owner, and its obligation is not to illegally interfere with the owner's exercise of rights, which is a specific obligation of omission; (2) Ownership is exclusive. Ownership belongs to real right and is exclusive. The owner has the right to send others to interfere with his exercise of power, and there can only be one ownership of the same thing, but not more than two; (3) Right is the most complete property right. Ownership is a general and all-round control of the owner's property, which has the most comprehensive and sufficient content. It includes not only the possession, use and income of property, but also the final disposal right of property. (4) Ownership is flexible. Owners set easements, mortgages and other rights for others on their own property. Although the right of possession, utilization, income and even disposal can be completely or partially separated from the owner, as long as there is no legal fact that the ownership disappears, the owner still maintains the right to control his property and the ownership does not disappear; (5) Ownership is permanent. This means that the existence of ownership is unpredictable during its existence. For example, the parties cannot agree that the ownership is only five years, and the ownership will be destroyed after five years. The agreement of the parties on the term of ownership is invalid. Through the above, I believe you have a certain understanding of how to determine the ownership of proprietary technology. In short, if we can prove the secret formula and technology of proprietary technology, we can prove the ownership of proprietary technology.
Legal objectivity:
patent law
Article 59
The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to illustrate the content of the claim. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.
patent law
Article 42
The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application.