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劳动力派遣是我国近年来发展较快的一种用工形式,其雇用与使用相分离的特点,给建立在传统雇用劳动关系基础上的职务发明创造权利归属规则带来了冲击。专利法第六条规定的“本单位”的含义不能涵盖派遣职员的接收单位。基于劳动力派遣的特点以及职务发明创造权利归属规则确立的价值取向,建议专利法再次修订时应对派遣职员的职务发明创造权利归属规则予以明确规定,由派遣职员的接受单位作为“本单位”享有职务发明创造的相应的权利。
Labor dispatch is a type of employment that has been developing rapidly in recent years in our country. The separation of employment from use has brought a blow to the rule of vesting the right of creation based on the traditional employment of labor. The meaning of “this unit” stipulated in Article 6 of the Patent Law can not cover the receiving unit dispatched by the staff. Based on the characteristics of labor dispatching and the value orientation established by the rules of attribution of creation of service invention, it is suggested that the rules of vesting the rights of sending inventions and creations should be clearly stipulated when the patent law is revised again, and the accepting unit dispatching staff shall be regarded as the “unit” Enjoy the right to create a job title.