Recently, the Intellectual Property Tribunal under Shanghai High People’s Court drafted Guidance for Trial relating to Rewards and Remuneration for Service Inventors or Designers(hereinafter as Guidance). The Guidance was published on the web site at Intellectual Property Protection by Shanghai Courts.
Since the third revision of Patent Law in 2008, some changes were made to the Rules regarding to the rewards and remuneration for service inventors or designers, which has become a great concern to the IP industry. This has also caused some difficulties to hear patent disputes. The Guidance is important in balancing the interests between enterprise and employees, and in encouraging innovation in accordance with the Patent Law. In 2012, the Intellectual Property Tribunal under Shanghai High People’s Court and The Quality Brands Protection Committee(hereinafter as QBPC) under the China Association of Enterprises with Foreign Investment (CAEFI) carried out joint research and completed the study of “Rewards and Remuneration for Service Inventor” on the basis of Chinese and foreign legislation and judicial practice. This year, the Intellectual Property Tribunal under Shanghai High People’s Court drafted the Guidance based on the study, and published after full discussion and consultation. It will be used as reference for Shanghai courts in hearing IP cases.
