The Research Of The Revolution In Regulation Of Intellectual Property Right Management For The Outcome Of Government-financed R&D

With the integrating of intellectual economy and world economy, discovering new knowledge and its application are becoming a consciously mass organized research activity. The developing of science technology and expansion of social farewell are making requirement for the benefit of public one of the main research objects in nation's view.The ultimate purpose of government-funded R&D is to improve nation's competitiveness and people's welfare as well. Thus the outcome of it is characterized as public belongings, and should serve the public trough logical arrangement. However, the existing management of property right is obviously economically ineffective, which that most of western countries once confronted, such as, low efficiency in commercialization of outcome of R&D, the difficulty of achieving government's goal as expected. To solve the problem, many western counties, represented by American, had a revolution in regulation of intellectual property right management for government-financed R&D, and achieved distinguished economical results.Guided primarily by property right economics and regulation economics, western regulation revolution defined that public belonged property right with an important character: externality. Comparably, private sector is more effective. Therefore, the major content of the revolution is to release property right to government-supported public research institutes and its cooperators as well with comparatively comprehensive regulation of law guiding its use towards commercialization.The outcome of government-funded R&D, as knowledge asset, its externality of itself and by the definition as public belonged, is the fundamental obstacle in effective commercial use. Moreover, with involving fees during transaction, this makes it more difficult to be fully utilized. However, if rectifying the property right (the definition of property right and resource re-allocation and disposition) according to the regulation of law could cut down the cost of transaction trough market property right adjustment and help rule out the negative affection the externality of itbrought in, reduce the cost of transaction during the process towards commercialization, then regulation of law has a positive effect in commercializing the outcome of research. Therefore, guided by efficiency with looking from the level of regulation of law, re-allocate and dispose the ownership of the intellectual property right, then focus on the balance of the benefit between society, research institute and nation, and the issues of agent role between government and R&D originations. It would be an effective regulation revolution way to push the outcome of government-supported research being effectively utilized in commercial field. To emphasize, our country is one who has a unique traditional east-culture, which is different from that in western nations. The effectiveness of the national forced institution revolution itself dominated by government lies fundamentally in the construction of institution of law (official institution).