In the context of science and technology becoming the core driving force of knowledge-based economic development, research results not only possess academic value but also profound legal and commercial significance. Properly defining copyright for scientific research and technological development results will help individuals and organizations protect their intellectual property, avoid disputes, and effectively exploit the value of creativity in accordance with the law.
What are scientific research and technological development results?
According to Clauses 7 and 8, Article 3 of the Law on Science, Technology and Innovation 2025:
Applied research is a scientific research activity that uses scientific knowledge to create solutions to serve practical needs in production, business, and socio-economic life.
“Technological development is the process of applying the results of scientific research and experience to design, test, refine, and standardize technical processes in order to create new technologies or improve existing technologies, suitable for practical application conditions.”
Therefore, the results of scientific research and technological development are understood as a collection of products, knowledge, solutions, processes, equipment, methods, models, or new technologies created after the research and development process, capable of practical application and directly contributing to the process of industrialization and modernization, improving production and service efficiency, improving the quality of life, and promoting innovation in society.
These results can exist in various forms, such as:
- Scientific knowledge (discoveries, theories, research reports, etc.)
- New technical or technological solutions (such as production processes, equipment, software, etc.)
- Practical applications (such as technological products, experimental production models, etc.)
- Intellectual property (such as inventions, designs, copyrights for scientific documents, etc.).
Are the results of scientific research and technological development protected by copyright?
According to Article 14 of the 2022 Intellectual Property Law, the types of works protected by copyright include:
“Literary, artistic, and scientific works protected include:
a) Literary and scientific works, textbooks, teaching materials, and other works expressed in written form or other characters; …”
Thus, the results of scientific research and technological development, if expressed in the form of reports, scientific articles, dissertations, theses, research documents, project descriptions, scientific papers, etc., are considered scientific works and are protected by copyright.
Note: Copyright protects the form of expression of research results, not the ideas, processes, methods, or technical solutions themselves.
Example:
- A scientific article published in a journal will be protected by copyright.
- The new technical process in that article will not be subject to copyright but may be considered an invention (industrial property right).
Regulations on copyright for scientific research and technological development results
In scientific research and technological development activities, determining who is the author and the author’s rights to the research results is a matter of particular legal significance. This is the basis for protecting the legitimate rights of scientists, while clarifying the boundary between copyright and ownership of research results by the leading agency or organization.
According to the Law on Science, Technology and Innovation 2025, the person directly carrying out the scientific research and technological development task is the author of that research and technological development result. The author enjoys the rights as stipulated in this law and related legal regulations, especially the Law on Intellectual Property.
The person directly conducting the research and creating the scientific content, solutions, reports, and research documents is still identified as the author, regardless of whether the research task is carried out as:
- State-level, ministerial-level, or institutional-level projects
- Tasks assigned by universities, research institutes, or businesses
- Tasks using state budget or private funding
This means that the scientist’s name must be credited on the research results, regardless of who owns the funding or the lead organization.
Author’s moral rights regarding scientific research and technological development results:
According to Article 19 of the 2022 Intellectual Property Law, authors have the following moral rights regarding their works:
- Naming the research work
- Having their name listed as the author on the research work
- Being named when publishing or using the research results
- Protecting the integrity of the research content, preventing others from modifying, abridging, or distorting it
These are non-transferable rights to any organization, including the agency in charge of the project.
Property rights may belong to the organization in charge of the scientific research and technological development results:
Besides the author’s moral rights, property rights regarding the research work depend on the assignment relationship.
According to Article 39 of the Intellectual Property Law: “The organization that assigns the task to the author or enters into a contract with the author is the owner of the property rights to the work created by the author while performing the task.”
Therefore, universities, research institutes, businesses, or state agencies can be the owners of property rights. They have the right to publish, copy, exploit, and use the research results for commercial purposes. Meanwhile, the scientist retains their copyright (moral rights).
The above is an article on “Copyright in scientific research and technological development results”. Hopefully, individuals and organizations can better understand the scope of protection, thereby proactively protecting and effectively exploiting the value of research achievements.
Sincerely,
FAQ
The author is the person who directly creates the work. 1. In the case of research conducted as part of an assigned task, property rights may belong to the agency or organization, but moral rights remain with the creator.
No. Copyright only protects the form of expression of the work, not the idea, method, or process of research.