论文部分内容阅读
根据我国现行法律规定,职务发明设计人报酬的性质属于劳动报酬,这一定性存在明显弊端。我国未来立法应当明确允许并鼓励单位与职务发明设计人采用合同方式约定职务发明设计人报酬,在没有约定时应当仍然作为是一种劳动报酬关系予以确定,而不宜采用“一刀切”的简单方式。因为单位与职务发明设计人能够通过相互的信息沟通和博弈,在债权关系抑或劳动报酬关系当中进行理性选择,充分实现自身利益。
According to the current laws and regulations of our country, the nature of the remuneration of designer inventor belongs to labor remuneration. There are obvious defects in this certainty. The future legislation of our country should explicitly allow and encourage units and design inventors of service inventories to agree on the remuneration of the designer of a service invention by contract. If no agreement is found, they should still be regarded as a kind of compensation of labor remuneration rather than “one size fits all” the way. Because unit and job inventor can communicate with each other and game, in the relationship between claims or remuneration among the rational choice, and fully realize their own interests.