Code written during work hours using company resources belongs to the company; personal open‑source projects should be done in your own time and on your own equipment, without mixing them
Software written mainly with company equipment, intranet, or business data, for which the company bears responsibility, has copyright belonging to the company; you keep only the right of authorship — and the same if the contract so provides. Code written after hours may still count as the company’s if you used a company computer or business data. Inventions made mainly with company resources also have patents belonging to the company
No cost involved. When you start a new job, be sure to rea…
Works created to complete the unit’s work tasks are works for hire (things made while doing the job). In the o…
No cost involved. When you start a new job, be sure to read the intellectual‑property clauses in your employment contract. The main difficulty is that personal projects and work tasks often share the same computer, so you must keep them separate.
Works created to complete the unit’s work tasks are works for hire (things made while doing the job). In the ordinary case copyright belongs to the author; the unit has priority to use them within its business scope, and for 2 years the author may not license third parties to use them in the same way. But two kinds of cases differ. One is engineering designs, software, and similar works created mainly with the unit’s material and technical conditions, for which the unit bears responsibility. The other is works the contract assigns to the unit. In both, the author keeps only the right of authorship. The unit’s material and technical conditions means company equipment, intranet, business data, and the like. Inventions completed while performing the unit’s tasks, or mainly using the unit’s material and technical conditions, are service inventions. The right to apply for a patent and the patent obtained both belong to the unit (nationwide)
全国人大常委会 (2020). 著作权法(2020 年修正,第十八条). http://www.npc.gov.cn/npc/c2/c30834/202011/t20201119_308796.html;全国人大常委会 (2020). 专利法(2020 年修正,第六条). http://www.npc.gov.cn/npc/c2/c30834/202011/t20201119_308800.html
Open source linkSoftware is explicitly categorized as “copyright belonging to the employer,” so programmers rarely qualify for the standard rule granting them copyright while the employer retains a two‑year exclusive right to use it. Code written outside work hours can still be deemed a product of employer resources if it is produced on a company computer, accessed company networks, or uses business data. To keep personal projects truly separate, use your own machine, avoid company repositories, and ensure they do not overlap with any company work.