중국의 직무발명제도

Employment Invention in China

This article relates to employment invention in China. The Korea-China FTA, concluded on November 11th 2014, is expected to significantly boost the two countries' trade. For making a product in foreign Country or exporting a product to foreign Country, it is very important to get a Patent as to related technologies. During the period when industrial structure was simple, there were lots of inventions made by single genius inventor. However, development of technology in modern society has to depend on swift receipt of information, lots of experts and well organized study supported by company with lots of money and facilities. The result is employment invention. Almost every Country has its own law to protect and regulate the right as to employment invention. Under these circumstances, to understand employment invention system in China is very important. This article explain the characteristics of employment invention system in China from a comparative perspective with Korean system. The basic purpose of employment invention system is to promote the development of technology through encouragement of invention. To achieve this purpose, employment invention system suggest reasonable incentive to both employees and employers on principle of fairness. Therefore, the core of this system is not very far from each other in Korea and China respectively. However, the Laws related to employment invention in Korea and China provide the provisions a little bit differently from each other in detail. For example, Patent Law of the People's Republic of China defines employment invention as an invention-creation that is accomplished in the course of performing the duties of an employee, or mainly by using the material and technical conditions of an employer, whereas employment invention is defined as an invention which falls within the scope of the business of the employer and was achieved by an acts categorized as a present or past duty of the employee performed for the employer.