職務著作

English translation: a work created in the course of employment

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Chinese term or phrase:職務著作
English translation: a work created in the course of employment
Entered by: Thomas McConochie

03:41 Jun 15, 2019
Chinese to English translations [PRO]
Medical - Law: Contract(s) / Medical trial contracts
Chinese term or phrase: 職務著作
This excerpt comes from a medical trial contract in Tawian.

What are some possible translations of "職務著作"? It refers to written works (journal articles) made during the course of the medical trial.

Source Text:
任何於執行本試驗中所產生及包含在資料內的著作物(由丙方依後述規定發表者除外),於法律許可的最大範圍內應屬於「職務著作」,並歸贊助商或其指定人所有。

My Proposed Target Text:
Any written work produced in the course of the trial and contained in the materials (except for those published by Party C as described later), to the fullest extent permitted by law, shall be considered as “work documents” and shall be owned by the sponsor or the sponsor's designated representative.
Thomas McConochie
Australia
Local time: 17:08
a work created in the course of employment
Explanation:
In IP law of PRC, there is the concept of “ a work created in the course of employment ”. There is law governing the authorship of such works.
I have put a link to the English version of Chinese Laws.

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Note added at 4 hrs (2019-06-15 08:21:27 GMT)
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Definition: A work created by a citizen in the fulfillment of tasks assigned to him by a legal entity or other organization is a work created in the course of employment.

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Note added at 22 hrs (2019-06-16 02:06:36 GMT)
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The definition and sample sentence come from Copyright Law of People's Republic of China, amended according to the Decision on Amending the Copyright Law of the People's Republic of China at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001.
The English version is from the government.
Selected response from:

Lauren WuMoran
China
Local time: 14:08
Grading comment
Dear Lauren,
Thanks for your proposed translation and the references to go with it. This proposed translation works very well in the context of the text I am working on.
4 KudoZ points were awarded for this answer



Summary of answers provided
5employment-related works
jyuan_us
5works completed within the scope of the duties
Bruce Guo
5a work created in the course of employment
Lauren WuMoran
4work made for hire; work for hire
crowdparadise


  

Answers


1 hr   confidence: Answerer confidence 5/5
works completed within the scope of the duties


Explanation:
所謂的「職務著作」,也就是受雇人或受聘人於其「職務範圍內」所完成的著作。
任何於執行本試驗中所產生及包含在資料內的著作物(由丙方依後述規定發表者除外),於法律許可的最大範圍內應屬於「職務著作」,並歸贊助商或其指定人所有。
Any written work produced implementing the test and contained in the materials (other than those published by Party C as per the provisions below) shall, to the fullest extent permitted by law, fall within the scope of “works completed within the scope of the duties” and shall be owned by the sponsor or its designated person.

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Note added at 1小时 (2019-06-15 04:51:18 GMT)
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Any written work produced in implementing the test


    https://www.follaw.tw/f-comment/f02/13771/
Bruce Guo
China
Local time: 09:08
Specializes in field
Native speaker of: Native in ChineseChinese, Native in EnglishEnglish
PRO pts in category: 8
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
work made for hire; work for hire


Explanation:
work made for hire; work for hire


    Reference: http://lawyer.get.com.tw/Dic/DictionaryDetail.aspx?iDT=82185
crowdparadise
China
Local time: 14:08
Specializes in field
Native speaker of: Native in ChineseChinese
PRO pts in category: 8
Login to enter a peer comment (or grade)

12 hrs   confidence: Answerer confidence 5/5
employment-related works


Explanation:
Copyright Ownership - UCOP Policies
https://policy.ucop.edu/doc/2100003/CopyrightOwnership
Aug 19, 1992 - University ownership of its employment-related works. Pursuant to Regents' Standing. Order 100.4 (gg), the President has responsibility for all ...
WCC › Copyright Policy
www.wccnet.edu/copyright/wcc-policy/
... and students and College ownership of directed employment-related works; and (3) protection of ownership rights for creators of works that require a different ...
Copyright Ownership: The Work Made For Hire Doctrine II - FindLaw
https://corporate.findlaw.com/.../copyright-ownership-the-wo...
Reduce to writing the rights of the employee and publisher with respect to employment-related works and other works. 2. Have a written "work made for hire" ...
Copyright and the publisher | EPC
epceurope.eu/copyright-and-the-publisher/
It introduces a new concept of copyright to employment-related works,which would ... in all media- i.e. undisputed economic rights to employment-related works.

jyuan_us
United States
Local time: 01:08
Specializes in field
Native speaker of: Native in ChineseChinese
PRO pts in category: 71
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 5/5
a work created in the course of employment


Explanation:
In IP law of PRC, there is the concept of “ a work created in the course of employment ”. There is law governing the authorship of such works.
I have put a link to the English version of Chinese Laws.

--------------------------------------------------
Note added at 4 hrs (2019-06-15 08:21:27 GMT)
--------------------------------------------------

Definition: A work created by a citizen in the fulfillment of tasks assigned to him by a legal entity or other organization is a work created in the course of employment.

--------------------------------------------------
Note added at 22 hrs (2019-06-16 02:06:36 GMT)
--------------------------------------------------

The definition and sample sentence come from Copyright Law of People's Republic of China, amended according to the Decision on Amending the Copyright Law of the People's Republic of China at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001.
The English version is from the government.

Example sentence(s):
  • In any of the following cases, the author of a work created in the course of employment shall enjoy the right of authorship, while the legal entity or other organization shall enjoy the other rights included in the copyright and may reward the author:

    Reference: http://www.npc.gov.cn/englishnpc/Law/Frameset-index.htm
Lauren WuMoran
China
Local time: 14:08
Specializes in field
Native speaker of: Native in ChineseChinese
PRO pts in category: 8
Grading comment
Dear Lauren,
Thanks for your proposed translation and the references to go with it. This proposed translation works very well in the context of the text I am working on.
Login to enter a peer comment (or grade)



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