Technology And Intellectual Property Ownership Agreement: Fill & Download for Free

No.There are all manner obstacles to such a thing, like establishing the legitimacy of descent from the Yuan dynasty, the Yuan dynasty’s ownership of that technology instead of some other inventor, the proposed illegitimacy of the transfer of said technology, and so on, but the big problem is likely that the technology was not “stolen” in any way which would be recognized by a modern court. There’s a body of intellectual property law and a variety of international agreements in place which regulates the flow of intellectual property around the world, and precisely none of that was in place in the 14th century when guns were invented. The inventor of the gun didn’t have a patent, which means that copying it wasn’t illegal, and even if he had, any such patents would have long since expired, which means that the spread of firearms to the west was entirely legitimate at the time and cannot retroactively be made so, because nobody likes or allows ex post facto laws.

Yes, there is plenty of evidence:American manufacturers sometimes sell one of their machines to a Chinese company — and then it’s the only one they ever sell. The Chinese copy the new machine they buy. An American manufacturer told me this.Microsoft for many years complained of the piracy of their intellectual property in China.It is obvious that until recently, Chinese technology was far behind the West. Mao had his people build steel furnaces all over the place, but the steel produced was never of good quality. This tells the West that China was extremely backward in technology then. How did China catch up so quickly?During the Cultural Revolution, scientists and technologists were persecuted by young people whose brains had not fully developed. [Neurologists now know that the human brain does not fully develop until age 28, proving the strong correlation between “young” and “dumb.”] The Cultural Revolution set China back 10 years or more. How did China catch up so quickly that now a Chinese citizen, and perhaps government agent, questions the theft of Western technology? We had a distinguished biochemist come to Birmingham, Alabama from China, and he told of the humiliations he faced during the Cultural Revolution. When young people fail to go to school regularly, technology suffers, and China was already behind in technology.The history of technology shows that it is very difficult to keep technology a secret. This is particularly noticeable in warfare, but also in peaceful endeavors. “Stealing” is a broad word for “acquiring” technology. We can look at Chinese products and see they look like ours.China buys technologically advanced products from the West, but does not sell that many technologically advanced products to the West. This tells everyone that the West is far advanced over China in most technological areas, as shown in commercial transactions. If the Chinese were advancing on their own, they should have more advanced products to sell in the USA.China through multiple barriers prohibits product liability suits against Chinese manufacturers. Western legal process cannot be served in China. If a judgment is obtained, it cannot be collected. This keeps the world’s legal systems from questioning Chinese manufacturing, product safety, product quality, patents, ownership and all the other factors that lead to safer products. This secrecy permits much greater theft of intellectual property. It also results in the production of unsafe Chinese products shipped to the West.I am 69 years old. For most of my life, the Soviet Union tried to steal Western technology, because they were behind the West, and communist nations do not innovate and invent nearly as much as private enterprise democracies do. Freedom creates better technology; always has, always will. Much of the technology the Russians obtained from the USA they could not use, because they did not have the technology to manufacture the parts required or could not fit the stolen technology in with their older technology and industries.We only need to look at the amount of money paid by Chinese companies to Western companies for the license of technology, intellectual property, plans, designs, formulas and so forth. The Chinese do not pay nearly enough money to have obtained their technology honestly.You ask, Is there any evidence? Yes, there is much evidence, mountains in fact. Those mountains of evidence are hidden behind a language barrier, non-agreement to the Hague Convention on legal proceedings, a time difference, opaque ownership of Chinese companies, industrial secrecy, regime secrecy and a lack of those basic freedoms that allow the truth to come out. No, we in the West do not have much documentary evidence or sworn testimony in our hands, because China is still shrouded in secrecy, but it is obvious for the world to see. If China had a free press or transparent legal system, then we could obtain those mountains of evidence readily. And here’s the final reason we know China is stealing technology: China does not enjoy the basic individual freedoms and society that have always been instrumental in creating advanced technology, investment in new technology and protection of intellectual property.Since the original answer was posted, (a) I was told of an agri-businessman who sent unique seeds to China. They were confiscated by the Chinese government without compensation. The word is out not to do business with China; (b) a Quoran submitted this story: Chinese hacker found guilty of stealing defense tech sentenced … and I hope other Quorans continue to send me examples!Read Pillsbury’s book, The 100 Year Marathon.Here is what Hien Le sent me:Here are some references you asked for.The US government has documented Chinese theft of US technologies well.An article in Vietnamese provided the following references. The full article is here:Trung Quốc có thể phát triển mãi không?The relevant references are listed below.27. Cybersecurity and American power. Addressing new threats to America’s economy and military. (9 Tháng 7 2012). American Enteprise Institute. URL:https://www.aei.org/events/cyber...28. Gerald R. Ford-class aircraft carrier. (4 Tháng Tám 2016). URL:https://en.wikipedia.org/wiki/Ge...29. Wortzel, L. (9 Tháng 7 2013). Cyber Espionage and the Theft of U.S. Intellectual Property and Technology - Testimony of Larry M. Wortzel before the House of Representatives Committee on Energy and Commerce Subcommittee on Oversight and Investigations. Tr. 13. URL:http://docs.house.gov/meetings/I...30. Bureau of Asian Research. (Tháng Năm 2013). The Commission on the Theft of American Intellectual Property, The IP Commission Report. URL:http://ipcommission.org/report/I...

The Upwork User Agreement addresses intellectual property rights, including source code and background technology rights, in Section 8.6. Once the client has paid for the project, they own the work product and you may not use it elsewhere without their permission. Here’s an excerpt:OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTYUpon Freelancer’s receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Freelancer has any Intellectual Property Rights to the Work Product that are not owned by Client upon Freelancer’s receipt of payment from Client, Freelancer hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Freelancer retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.You also have a confidentiality obligation under the User Agreement. See section 15.1 for more information.Knowing and following your obligations when using Upwork is essential for you to thrive on Upwork . Check out Freelancer Violations and Account Holds for the most common violations (and how to avoid them).