On Intellectual Property Right System In Innovation Of Science & Technology In Universities

Intellectual property right is the monoply right that citizens own of the intellectual creations in the fileds of science, technology, literature and arts, based on law. The intellectual property right system is significant to the innovation of science and technology in universities. Currently, going deep into the intellectual property right system in innovation of science and technology in China's university is both theoretically significant and realistically urgent.This thesis, taking patent system as the center, viewing from cross-disciplinary perspective of law, economy and management, and adoptings comparative research methods, legal interpretation, investigation and history investigation.. , It analysizes researches the role effect of intellectual property right system in innovation of science and technology in universitiesy,and existing problems of intellectual property system of innovation of science and technology in China's universitiesy,. Based on investigations in America, Japan and Europe, and this thesis conducts carries out unitary, forecasting and operatable conception construction of promoting the intellectual property system in China's science and technology innovation in universities.Firstly, this thesis states the charactericscharacteristics of innovation of science and technology in universities, and discusses its importancehistorical evolution ofin national innovation system innovation of science and technology in university. At the same time, the significant position of innovation of science and technology in national innovation system construction is analyzed. From the perspective and theory of historical development, the impact of intellectual property right system on innovation of science and technology in universities. This thesis also probes into the influence of intellectual property on innovation of science and technology in university.This thesis holds the point that universities, based on innovation of science and technology, took the leading position in national innovation system, based on innovation of science and technology. University intellectual property right system, becoming increasingly important, has become the footstone for a country to promote its innovation. This thesis holds the pointconsiders that a reasonable and moderate intellectual property right system can stimulate, protect and promote innovation in university; On the other handHowever, overprotecting or abusing intellectual property will hinder innovation. in university This interacting holds true in the university case. This thesis points out, based on the analysis of the Olivieri incident and Madey suing Duke University case, that the conflict between university innovation of science and technology and intellectual property protection is in nature the conflict between science research freedom and intellectual property as private rigths. Two revelations can be drawn from following cases: 1, a balance of interest mechanism for university innovation and intellectual property protection; 2, flexible and practical intellectual property policies should be consituted in universities.Secondly, this thesis reviews America,Japan and countries of European Unit(EU) for their intellectual property right policy and law system in university innovation of science and technology, intellectual property ownership system, intellectual property interest distribution system, intellectual property mamagement and organization, and intellectual property protection and administration. This thesis believes that the following experiences are valuable for referrence: establishing self-contained intellectual property policy and law system; emphasizing technology transfer between production and academic studies; setting up special intellectual property administration; establishing reasonble intellectual property ownership system; establishing flexible interest distribution system; and perfecting intellectual property protection and adminstration system.SecondlyThen, this thesis studies the history, performance and existing problems of China's university innovation system of science and technology are studied. This thesis claims that considerable progress has been made in China's universtiy innovation of science and technology through step-by-step development. However, weaknesses are seeable. In performance: the rate of intellectual property ownership of science and technology achievements is on the low side; the performance of technology transfer is of low efficiency; the capacity of intellectual property is inadquate;intellectual property loss serious. In system: mechanism, legal system of intellectual property are imperfect;the intellectual property awareness and culture is absent; intellectual property adminstration institutions and systems are incomplete; the intellectual property ownership and interest distribution system is imperfec.Then, this thesis reviews America,Japan and countries of European Unit(EU) for their intellectual property right policy and law system in university innovation of science and technology, intellectual property ownership system, intellectual property interest distribution system, intellectual property mamagement and organization, and intellectual property protection and administration. This thesis believes that the following experiences are valuable for referrence: establishing self-contained intellectual property policy and law system; emphasizing technology transfer between production and academic studies; setting up special intellectual property administration; establishing reasonble intellectual property ownership system; establishing flexible interest distribution system; and perfecting intellectual property protection and adminstration system.Finally, this thesis, based on intellectual property lifecycle mode, constructs carries out unitary, forward-looking and operatable conception construction of promoting the intellectual property right system of China's science and technology innovation in universities. This thesis put forwads three points layers for system construction. 1, constructing mechanism, legal and cultural environment to stimulate intellectual property creation. This includes reforming the administration system of innovation of science and technology in universities, facilitating related intellectual ownership and interest distribution system, building a ecologically cultural environment entiroment for innovation in universities. 2, perfecting and promoting intellectual property management and protection system.This includes strengthening administration of innovation strategy,strengthening the construction of intellectual property management institutions and organizations, standardizing administration and protection system within university intellectual property, strengthening technology project management. 3, establishing intellecutal property utilization mechanism linked by industry-academic-government alliance(IAG). This includes: setting up the IAG led by the government; setting up intellectual property transfer platform based on IAG; reasonably setting the target for intellectual property transfer; constituing special policy and low for promoting university technology transfer.