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The impact of intellectual property rights on the world is enormous, and it is possible for all industries to be involved in intellectual property rights, while the existence of intellectual property rights in engineering negotiations cannot be ignored, as the complexity of the country's construction engineering industry has led to confusion over the intellectual property provisions in construction engineering contracts. In response to these confusions, the comptrollers carried out the following analysis of the terms of the intellectual property agreement in the construction contract。
I. Intellectual property rights in architectural design contracts
Intellectual property rights (iprs) are a system for legally protecting the interests of inventors and a good mechanism for stimulating innovation. Most countries in the world are already using the ipr regime to protect the interests of inventors and promote the rapid development of their economies. Following the establishment of a market economy system, we have also established an intellectual property regime, which has greatly contributed to the development of our national economy. Technical and financial-intensive plant-building projects, such as petrochemicals, require the integration of investment, technology, design, construction, etc., to be completed through investor funding, technology licensing by technology owners, designer design and construction. While the function, quality and duration of construction works are the goals pursued by the parties, the protection of existing intellectual property rights and the attribution of intellectual property rights developed in the course of construction work are equally of concern. The strict qualification management system applied to engineering surveying, design, consulting units and the characteristics of accountability for the results of the work performed by them determine that the intellectual property rights created in the course of the construction work are owned by the unit of completion of the results and cannot be altered by the “contract priority principle”。
Ii. Analysis of agreements of informal rights in construction constructions
(i) intellectual property rights and confidentiality clauses in technology licensing contracts
As a subject of transfers of intellectual property, in technology licensing transactions that are based on patents, technology secrets and technical services, the assignee's commitment to the confidentiality of the licensed technology and its liability for default are prerequisites for the licensor to provide and impart the technology, and the inclusion of intellectual property and confidentiality clauses in technology licensing contracts is the protection of existing intellectual property rights. The licensor has confidential information that is a lifeline in which its technical value is valued, and the licensor cannot lose its exclusive right to technical secrets as a result of a single licence act. Thus, in a technical licence contract, the licensor usually repeatedly imposes a duty of confidentiality on the transferee and all persons involved in the licence contract。
(ii) attribution of intellectual property rights during construction
The question of the attribution of intellectual property rights arising in the course of the construction of a project involves two main aspects: first, the client and the survey of the intellectual property ownership between the designers; second is the sharing of technological improvements between the licensor and the licensee. Pursuant to article 3 of the copyright act, graphic and model works such as engineering designs, product designs, etc. Are protected by the copyright act. Engineering design, product design drawings are the drawings drawn for engineering and product production and the text description of the drawings. Its most essential difference from the work of art in general is its usefulness, which is designed for construction or production。
In conclusion, the existence of intellectual property rights (iprs) provides considerable protection for intellectual property outcomes. As many iprs exist in construction contracts, it is difficult to deal with construction contracts in the event of disputes, and to understand that the iprs in construction contracts are conducive to safeguarding their legal rights when necessary. You can consult the state's attorney
Quality of construction work
What is the content of the quality management regulations for construction work
Provisions for liquidated damages for construction contracts
