On June 25th 2013, the Shanghai High People’s Court’s Guidelines for Hearing Disputes over Rewards and Remunerations for the Inventors or Designers of Service Inventions (hereafter, inter-changeably, the “Shanghai Court Guidelines” and “guidelines”) were posted online. The guidelines provide some useful clarity, especially for businesses operating in Shanghai, as to the legality surrounding inventor remuneration and reward agreements.
For years now, businesses have expressed concern over ambiguity in Chinese law surrounding inventor remuneration. For example, the European Union Chamber of Commerce in China expressed concern over the system in their IPR Working Group’s 2011/2012 Position Paper. Most recently, industry groups have expressed serious concern over the Regulations on Service Inventions (Draft) (hereafter the “Draft Remuneration Regulation”) released by the State Intellectual Property Office (SIPO) on November 12th 2012. Continue reading “Shanghai High People’s Court provides clarity on legality of rewarding and remunerating inventors” »