I. Where are the intellectual property rights of designers
First, it depends on whether the design made by the individual is designed to fulfil the tasks assigned to the company, i. E., to complete the job or, if so, to create the job
(b) second, individual design, although not designed to complete the job, depends primarily on the material and technological conditions provided by the company, such as the need to rely on some unique resources within the company and, if so, on job innovation
Inventions for the above-mentioned posts, their patent applications and patents under patent law are owned by the company。
If an individual's design is not made for the purpose of completing his or her job, it is an invention that is not functional and intellectual property is owned by the individual。
How to apply for intellectual property
The application for intellectual property rights is based on the application for copyright to software, for example, and the application for registration of copyright to computer software must be submitted:
1. Application form for registration of copyrights in computer software
Identification of the applicant - an enterprise selected: a copy of the licence (to be stamped); a copy of the corporate code certificate (to be stamped); a copy of the personal identity card。
Source process - 1. Thirty consecutive pages, each, for a total of 60 pages. Less than 60 pages to submit all source applications. No less than 50 lines per page (the end page may be less than 50 lines), and page 60 is the end page. The top right corner of the page is marked with consecutive pages 1-60. Do not bind。
4 documentation - 1 (e. G. User manual, operating manual, design instructions, user instructions, etc., optional). Thirty consecutive pages, each, for a total of 60 pages. Less than 60 pages of all documents are required. Not less than 30 lines per page (with illustrations or closing pages less than 30 lines), and 60 pages end. Do not bind。
Select the application document to be submitted: if the applicant:
Co-operative development - a copy of a letter of contract or a letter of agreement (shall be stamped)
Commissioning development - a copy of a letter of contract or agreement for commissioning development (subject to a stamp)
3. Mission development — a copy of the mission letter (with stamp)
Special attention is paid to the need to have valid documents, such as work permits, when obtaining a registration certificate. The place of registration is not located in the national intellectual property agency, but near the copyright board。
Iii. Interests in intellectual property rights
(i) rights of the person
In terms of content, intellectual property consists of both personal and property rights, also known as moral and economic rights。
The right to personal status is understood as the indissociability of the right from the person of the person who has achieved intellectual achievement and as a legal reflection of personal status. For example, the right of authors to sign their works or to publish them, to modify them, etc., is a moral right。
(ii) property rights
The right to property is also referred to as an economic right when the intellectual product is recognized by law and the right holder can use it for remuneration or reward. It refers to the results of intellectual creative work and is a legal right of intellectual workers to its results。
