Reward and remuneration for service inventions

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Shanghai Higher People’s Court has issued guidelines following controversial China State IP Office’s draft regulations last year.

The draft Regulations on Service Inventions published by the China State Intellectual Property Office in November last year caused widespread discussions and concern among corporations, to the extent that a number of them have been reconsidering/revamping their R&D strategies in China.

While those are being further considered, the Shanghai Higher People’s Court issued its Guidelines on the Adjudication of Disputes Involving Rewards and Remuneration for the Inventors or Designers of Service Invention Creations on 25 June 2013. The Shanghai Guidelines have no binding effect per se, but as a matter of judicial practice, will be followed by lower courts in Shanghai and are generally persuasive to other courts nationwide…

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