Study On Legal System Of Industry-University-Institute Innovation

Strengthening the support in the industry-university-insititute innovation has become not only the common choice of the world's leading country to promote the technological innovation, but also the extension and succession of the national economic development path to explore the cooperation between technology and economy in China. Industry-university-insititute innovation needs the protection and promotion from the legal system. How to promote and standardize the industry-university-insititute innovation has been attached great importance to by many countries and regions. Around the promotion of industry-university-insititute innovation, these countries and regions, one after another, develop the relevant laws from a strategic level in order to achieve the system and the positive interaction between industry.There is a wide range of constraints in the industry-university-insititute innovation in China, one of the very important reasons for which is the imperfect legal system. China has not yet formulated a unified industry-university-insititute innovation promotion law. Comparatively, research laws related to the industry-university-insititute innovation are complex and decentralized, and most are only a matter of principles which are not maneuverable. Certain legal vacuum exists from Incentive to innovation to the process of innovation to innovation and risk allocation and to the outcome-vesting and benefit-sharing. Obvious rights and obligations will definitly bring a lot of problems in industry-university-insititute innovation. The face of changing trends in the international rule of law and the increase of the intellectual property issues in the industry-university-insititute innovation, it's particularly urgent and necessary to review and to design the existing framework of the legal system.This paper includes the overview on the legal system of industry-university-insititute innovation. It contains the introduction of the relevant economic management theories, the conception and features of industry-university-insititute innovation, the connotation of the national innovation system, and the reconstruction of industry-university-insititute innovation system. Furthermore, it explores the framework and hierarchy of the legal protection system for industry-university-insititute innovation. The paper compares legislation and policy measures with the major developed countries to promote industry-university-insititute innovation. It provides the references for the framework and main system design of the legal protection system of industry-university-insititute innovation in China. What's more, the paper analyzes the present situation and evaluation of industry-university-insititute innovation and the legal protection system in China and describes the legislative background and legislative ideas of the "the promotion law of industry-university-insititute innovation" and discusses the interests sharing system of intellectual property right.Innovations are mainly embodied in the following three aspects:First of all, it contains the construction of legal protection system for Industry-universitiy-institute innovation. This study, putting the Industry-universitiy-institute innovation under the background of the state innovation system, reconsiders the the construction of legal protection system for Industry-universitiy-institute innovation. Furthermore based on the comparison between the needs in the legal system of Industry-universitiy-institute innovation and the supply of the existing legal system, the study collates and evaluates the policies and laws for Industry-universitiy-institute innovation, and finds out the missing policies and laws, as well as bottlenecks in the system, in order to guide the design for the relavant legal protection system for Industry-universitiy-institute innovation.Secondly, it's the design for the benefit-sharing framework of Industry-universitiy-institute innovation. This study explores the legal system for the ownership of intellectual property rights and the benefit-sharing focused on the interest of scientific and technological personnel security system, based on the following three aspects:the ownership of intellectual property rights for the government funds projects, the ownership of intellectual property rights among the various bodies in the Industry-universitiy-institute innovation, as well as the ownership of intellectual property rights for the main bodies and the scientific and technical personnel. Finnaly, it maintions the legislative studies for Industry-universitiy-institute innovation. The legislative research for "Industry-universitiy-institute Innovation Promotion Act" is the ultimate goal of this paper and one of the major innovation points. This study, based on the examination of the innovative policies trends and legislative models of major developed countries, and the analysis on the legal environment of China's science and technology policy, points out the proposed "Industry-universitiy-institute Innovation Promotion Act" and analyzes the idea of legislation, legislative model, the legislative framework and chapter setting, the guiding principle, legislative priorities, a variety of relations should be coordinated in legislation, legislative reference standards for evaluation and implementation, etc.