PART SIX
INTELLECTUAL PROPERTY RIGHTS AND TECHNOLOGY TRANSFER
Chapter XXXIV
COPYRIGHT AND RELATED RIGHTS
Section 1. COPYRIGHT
Article 736.- The author
1. A person who has created a literary, artistic or scientific work (hereinafter referred collectively to as works) is the author of such work.
In cases where two or more persons jointly create a work, such persons are co-authors.
2. Persons who have created derivative works from other persons' works, including works translated from one language into another, recreated, transformed, adapted, compiled, annotated or selected works, are authors of such derivative works.
Article 737.- Objects of copyright
Objects of copyright shall include all works created in the literary, artistic or scientific field and expressed in any form and by any means, regardless of their contents and value, and without depending on any procedures.
Article 738.- Contents of copyright
1. Copyright shall include personal rights and property rights to works.
2. Personal rights in copyright shall include the rights:
a/ To name the works;
b/ To put real names or pen names in the works; to have real names or pen names mentioned when the works are publicized, used;
c/ To publicize or to permit other persons to publicize the works;
d/ To protect the integrity of the works, not to permit other persons to amend, garble or distort the works.
3. The property rights in copyright shall include the rights:
a/ To duplicate the works;
b/ To permit the creation of derivative works;
c/ To distribute, import the originals and copies of the works;
d/ To disseminate the works to the public;
e/ To lease the originals or copies of computer programs.
Article 739.- Time at which copyright arises and the effect of copyright
1. Copyright shall arise from the date a work is created and expressed in a given material form.
2. Personal rights in copyright shall exist indefinitely, except the right to publicize or to permit other persons to publicize the works as provided for by the law on intellectual property.
3. Property rights in copyright shall exist within the time limit specified by the law on intellectual property.
Article 740.- Owners of copyright
1. Personal rights belong to the authors.
2. In cases where works are created not on the basis of the performance of assigned tasks or job assignment contracts, the property rights shall belong to the authors.
3. In cases where works are created on the basis of the performance of assigned tasks or job assignment contracts, property rights shall belong to agencies or organizations which have assigned the tasks or the parties that have assigned the contractual jobs, unless otherwise agreed upon.
In cases where property rights do not belong to the authors, the authors shall have the right to receive remuneration or royalties to be paid by the property right owners in accordance with the law on intellectual property.
Article 741.- Division of rights of co-authors
In cases where a work is created by co-authors, in which each part created by each co-author can be separated for independent use, the provisions of Article 740 of this Code shall apply to each part of the work, which is used independently, unless otherwise agreed upon by the co-authors.
Article 742.- Transfer of copyright
1. Personal rights provided for at Points a, b and d, Clause 2, Article 738 of this Code cannot be transferred.
Personal rights specified at Point c, Clause 2, Article 738 of this Code can be transferred under the conditions set by the law on intellectual property.
2. Property rights can be transferred in whole or in part under contracts or be bequeathed, inherited.
Article 743.- Contracts for transfer of property rights in copyright
The transfer of part or whole of the property rights in copyright shall be effected on the contractual basis. The contracts for transfer of copyright must be made in writing.
Section 2. RIGHTS RELATED TO COPYRIGHT
Article 744.- Objects of copyright-related rights
Objects of copyright-related rights (hereinafter referred to as the related rights) shall include performances by performers; audio records, video records; broadcasts by broadcasting organizations and satellite signals carrying coded programs.
Article 745.- Owners and contents of the rights to performances
1. The rights to performances shall include personal rights of performers and property rights of investors for realization of the performances.
2. Personal rights of performers shall include the right to have their names mentioned in the performances or transmission of audio records, video records of the performances and the right to protect the integrity of the image of the performances.
3. Property rights of investors for realization of performances shall include the right to perform and to forbid other persons to perform the following acts:
a/ Audio recording, video recording the performances;
b/ Duplicating, distributing originals or copies of the audio records or video records of the performances;
c/ Broadcasting or transmitting in other ways the performances to the public.
Article 746.- Owners and contents of the rights to audio records, video records
1. The rights to audio records, video records shall belong to investors in the creation of such audio records or video records.
2. The rights to audio records, video records shall include the right to perform and to forbid other persons to perform the following acts:
a/ Duplicating in whole or part of the audio records, video records;
b/ Distributing, importing the originals or copies of the audio records, video records;
c/ Leasing the originals or copies of audio records, video records for commercial purposes.
Article 747.- Owners and contents of the rights to broadcasts
1. The rights to broadcasts shall belong to the broadcasting organi-zations.
2. The rights to broadcasts shall include the rights to perform or forbid other persons to perform the following acts:
a/ Recording, duplicating the records; broadcasting, re-broadcasting part or whole of a broadcast;
b/ Distributing the records or duplicates of the records of broadcasts.
Article 748.- Owners and contents of the rights to satellite signals carrying coded programs
1. The rights to satellite signals carrying coded programs shall belong to the persons who are the first to transmit the satellite signals carrying such coded programs.
2. The rights to satellite signals carrying coded programs shall include the rights to perform, to permit or forbid other persons to perform the following acts:
a/ Producing, assembling, modifying, importing, selling, leasing equipment or systems for decoding the coded satellite signals;
b/ Receiving, redistributing decoded signals when not so permitted by the holders of the rights to the coded satellite signals.
Article 749.- Transfer of related rights
1. Property rights in the related rights defined in Articles 745, 746, 747 and 748 of this Code can be transferred.
2. The transfer of related rights shall be made in writing under contracts.
Chapter XXXV
INDUSTRIAL PROPERTY RIGHTS AND THE RIGHTS TO PLANT VARIETIES
Article 750.- Objects of industrial property rights and the rights to plant varieties
1. Objects of industrial property rights shall include inventions, industrial designs, semi-conductor integrated circuit layout designs, business secrets, trademarks, trade names, geographical indications.
2. Objects of the rights to plant varieties are propagating materials and plant varieties.
Article 751.- Contents of industrial property rights and the rights to plant varieties
1. Industrial property rights to inventions, industrial designs, semi-conductor integrated circuit layout designs, and the rights to plant varieties shall include the personal rights and the property rights, which are provided for as follows:
a/ Personal rights to inventions, industrial designs, semi-conductor integrated circuit layout designs, plant varieties shall belong to the persons who have directly created their inventions, industrial designs, semi-conductor integrated circuit layout designs or plant varieties with their creative labor, including the right to be named as authors in the protection titles issued by the State, in documents publicizing or introducing such inventions, industrial designs, semi-conductor integrated circuit layout designs or plant varieties;
b/ Property rights to inventions, industrial designs, semi-conductor integrated circuit layout designs or plant varieties shall belong to owners of such objects, including the right to use, to permit or forbid other persons to use such inventions, industrial designs, semi-conductor integrated circuit layout designs or plant varieties.
2. Industrial property rights to business secrets shall belong to the organizations or individuals that obtain the information to be lawfully formed into business secrets and keep confidential such information, including:
a/ Exploiting, using business secrets;
b/ Permitting or forbidding other persons to approach, use or disclose the business secrets.
3. Industrial property rights to trademarks or trade names shall belong to the owners of such trademarks or trade names, including:
a/ Using trademarks, trade names in business;
b/ Permitting or forbidding other persons to use trademarks which are so coincident or similar to the extent of causing confusion with their own trademarks; forbidding other persons to use trade names which cause confusion with their own business activities.
4. The rights to own geographical indications shall belong to the State. The rights to use geographical indications aiming to indicate origins, sources of products shall belong to organizations or individuals that satisfy the conditions set by the law on intellectual property.
5. The rights to fight unfair competition shall belong to organizations or individuals that conduct business activities under competitive conditions.
Article 752.- Bases for establishing industrial property rights and the rights to plant varieties
1. Industrial property rights to inventions, industrial designs, semi-conductor integrated circuit layout designs, trademarks, geographical indications and the rights to plant varieties shall be established on the basis of decisions of competent state agencies when carrying out the registration of such objects in accordance with the provisions of law on intellectual property.
2. Industrial property rights to trade names shall be established on the basis of lawful use of such trade names.
3. Industrial property rights to business secrets shall be established on the basis of acquiring the information to be lawfully formed into business secrets and keeping confidential such information.
4. The rights to fight unfair competition shall be established on the basis of competitive activities in business.
Article 753.- Transfer of industrial property rights and the rights to plant varieties
1. Industrial property rights to inventions, industrial designs, semi-conductor integrated circuit layout designs, business secrets, trademarks, and the rights to plant varieties can be transferred in whole or in part under contracts or be bequeathed or inherited.
2. The rights to trade names can only be transferred together with the transfer of the entire business establishments and business activities under such trade names.
3. The rights to geographical indications must not be transferred.
4. For contracts on transfer of industrial property rights arising on the basis of registration, only when such contracts are registered shall they have the legal validity for a third party.
Chapter XXXVI
TECHNOLOGY TRANSFER
Article 754.- Technology transfer rights
The following organizations and individuals shall be entitled to transfer the rights to use, the rights to own technologies:
1. Technology owners;
2. Organizations or individuals that are permitted by technology owners to transfer the right to use and the right to own the technology.
Article 755.- Objects of technology transfer
1. The objects of technology transfer shall include technical know-hows; technical knowledge of technology in the form of technological schemes, technical solutions, formulas, technical para-meters, technical diagrams or drawings, computer programs, data information on the transferred technologies; solutions to rationalization of production, technological renewal, exclusive business licensing and other objects specified by the law on technology transfer.
2. In cases where technology is an object entitled to intellectual property right protection, the transfer of such technology must be carried out simultanously with the transfer of intellectual property rights in accordance with the provisions of law on intellectual property.
Article 756.- Technologies which must not be transferred
1. Technologies which do not meet the provisions of law on labor safety, labor hygiene, assurance of people's health and environmental protection.
2. Other cases specified by law.
Article 757.- Contracts for technology transfer
1. Technology transfer shall be carried out on the basis of written contracts.
2. Technology transfer contracts must be registered at competent state agencies, if so provided for by law.
3. The amendment, supplementation, extension, cancellation of technology transfer contracts must be made in written contracts; for technology transfer contracts defined in Clause 2 of this Article, the amendment, supplementation, extension, cancellation thereof must be registered at competent state agencies.
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