荷兰职务发明奖酬制度及其借鉴意义

Employees′ Invention Compensation Regime in the Netherlands and Its Enlightenment to China

如何利用职务发明奖酬制度以促进创新,是目前我国学界关注的重要课题。荷兰在职务发明奖酬制度的构建中,采用奖酬自决且仅在极为特殊的情形下法律才选择介入的模式。这种模式重视企业为创新主体,实现了激励企业整合资源以创新的功能,同时也可能在一定程度上激发雇员发明人的创新积极性。我国在进行职务发明奖酬制度的构建时,可以借鉴和学习荷兰的经验,以奖酬自决为基础,特定条件下法律才介入赋予奖酬。在确定奖酬数额时,不宜法定具体比例,而是可采用各项因素综合评定。

This paper explores the employees＇invention compensation system of the Netherlands and at the same time discusses what China can learn from it.In the Netherlands,regarding employee inventions,normally the compensation for the lack of a patent would be deemed to have been covered in employee invention contracts.Only in very exceptional circumstances can additional compensation be awarded.This way,which highly respects the employee-employer contracts,considers enterprises as the main players of innovation.The paper considers this way to be able to encourage enterprises to integrate resources to innovate,and at the same time may provide more high-powered incentives for employees to engage in inventive work.This paper suggests that when establishing China＇s own employee compensation system,the law should encourage employers to establish their own internal reward plans;only under certain exceptional conditions,can an employee be entitled to an equitable compensation. Moreover,the paper considers that it would not be appropriate for the law to provide details concerning the calculation of compensation.Determining an equitable compensation can be based on an assessment of several factors.