On Protection Of Intellectural Property Rights In Transformation Of Sci-tech Achievements Of Higher Institutions

Transfer of sci-tech achievements in higher institutions plays a key role in higher institutions' rendering social services. Intellectual property, as the legal representation of ownership of the scientific and technological achievements, provides as the incentive to motivate R&D researchers and promote the transformation of scientific and technological achievements.Currently the ratio of the transfer of scientific and technological achievements in Chinese universities remains relatively low due to the bottleneck effect in IPR protection. As China initiated the IPR protection strategy quite late, there exist some shortcomings with the incentive mechanisms of the IPR system. In Chinese colleges and universities the incentive measures on IPR protection and management are not properly implemented. Therefore, how to stimulate and motivate the creativeness of researchers and make sci-tech innovations better serve the sustainable development of the economy, how to make better use of the technology as the foremost productive force and how to raise the transfer rate of scientific and technological achievements of higher universities are issues in want of study and resolution.This thesis expounds the role of IPR protection in transfer of sci-tech achievements, with emphasis on researchers in higher institutions and gives a theoretical analysis on the IPR incentives. It compares the practices of universities of the US and China, and probes into the problems with IPR protection of Chinese higher institutions. In the end the author proposes some countermeasures to reinforce IPR protection in Chinese higher institutions. The thesis consists of five chapters, which are briefed as follows:The first chapter introduces the background and analyses the importance and urgency of transfer of technological findings of higher institutions in IPR protection. It gives a literature review and outlines the research issues and the research methods.The second chapter defines the connotations of transfer of sci-tech achievements and IPR and deals with the characteristics of patent right, the core of intellectual property. It analyses the similarities and dissimilarities of sci-tech achievements and intellectual property. In addition, it elaborates the connotations of patent incentive theories.The third chapter is an analysis of the status quo of IPR protection, technical transfer, the policies, laws and regulations, organizations and economic means that are commonly used to provide incentives for researchers. The methods of surveying and case study are adopted, with the purpose of depicting the current situation of China' s IPR protection in transforming technical achievements of higher institutions.In the fourth chapter, the methods of constrastive analysis, analysis of legal principles and case study are used to probe into the aspects of awarness, links, means and costs that are related to IPR protection, aiming to shed lights on the restraints on the creativeness of reserchers in higher insitutions.In the last chapter, the author proposes setting up a people-oriented environment of IPR, covering raise of IPR awareness and improvement of inistituionization, orgainzation setup and sicientifice management, etc. By virute of policies, laws, organization and financial means, the goverment should set up a functional system ecourgaing IPR protection in higher insititutions and remove the bottleneck restraints in transfer of sci-tech achivements so as to facilitate the transforatmtion of sci-tech achivements into actual productivity.