1 The copyright and neighboring rights of work works such as bidding schemes and various documents for engineering survey, design and consultation conducted by the survey and design consulting enterprise or mainly using the material and technical conditions of the enterprise belong to the enterprise. Natural persons (including enterprise employees and temporary workers, the same below) who directly participate in the preparation of bidding plans and documents enjoy the right of signature.
The bidding scheme or various documents of engineering survey, design and consultation obtained by the construction unit (owner) after paying the survey, design and consultation fees in accordance with state regulations only obtain the one-time right to use the specific construction project, and its copyright still belongs to the survey and design consulting enterprise.
Computer software, enterprise standards, guides, manuals, standard design, etc. The copyright and neighboring rights of the works compiled by the survey and design consulting enterprises are owned by the enterprises themselves. Natural persons directly involved in compilation have the right of authorship.
(3) The copyright and neighboring rights of scientific and technological papers, technical reports and other job works conducted by survey and design consulting enterprises or mainly completed by using the material and technical conditions of enterprises, which are under the responsibility of enterprises, belong to enterprises. Natural persons directly involved in compilation have the right of authorship.
The copyright and neighboring rights of non-post works of employees of survey and design consulting enterprises belong to individuals.
3.2 The ownership of patent rights and proprietary technology rights in survey and design consulting industry is generally determined according to the following principles:
1 Inventions or technological achievements that perform the tasks of survey and design consulting enterprises, or mainly use the material and technical conditions of enterprises, belong to service inventions or technological achievements, and their patent application rights, patent rights and proprietary technology, as well as the right to use and transfer patents and proprietary technology belong to enterprises. Natural persons who directly participate in the development and research of patents or proprietary technologies shall enjoy the right of authorship according to law.
The non-service patents or proprietary technology rights of employees of survey and design consulting enterprises shall be owned by individuals.
3.3 Business secrets such as technology, operation and management information formed by survey and design consulting enterprises in the process of scientific research, production, operation and management, which can bring economic benefits to enterprises and are not known to the public through confidentiality measures, belong to enterprises.
3.4 The rights of the names, trade marks, service marks and various qualification certificates obtained by the survey and design consulting enterprises according to law belong to the enterprises.
3.5 Intellectual property rights such as copyright, neighboring rights, patent rights and proprietary technology rights formed by the cooperation between survey and design consulting enterprises and other enterprises and institutions shall be owned by all parties to the cooperation. Unless otherwise agreed in the contract, its ownership shall be determined in accordance with the agreement.
3.6 Survey and design consulting enterprises accept the entrustment of the state, enterprises and institutions, or entrust other enterprises and institutions to form intellectual property rights such as copyright, neighboring rights, patent rights and proprietary technology rights, and determine their ownership according to the contract. If there is no contract agreement, the ownership shall be owned by the completion party.
3.7 The ownership of intellectual property rights formed by the personnel of survey and design consulting enterprises during their leaving the enterprise is generally determined according to the following principles:
1 The enterprise can obtain intellectual property rights after the personnel sent abroad by the enterprise for cooperative design, visit, further study and study, or those sent to other enterprises and institutions for short-term work have completed the unfinished survey, design, consultation and scientific research projects of the enterprise abroad or other units, and the enterprise shall sign agreements with the dispatched personnel and the units that accept the dispatched personnel to clarify the ownership of their intellectual property rights.
All kinds of intellectual property rights related to the work or tasks undertaken in the original enterprise formed within one year after leaving the enterprise shall be owned by the original enterprise.
3.8 Intellectual property rights of personnel trained, advanced, seconded or temporarily hired by survey and design consulting enterprises. Formed during the work or study of the receiving enterprise, according to the agreement between the receiving enterprise and the sending party, the rights without agreement belong to the receiving enterprise.