A Study On The Legal Problems Of Intellectual Property Transformation In Colleges And Universities

The twenty-first century is the era of knowledge economy. The intellectual property,which is seen as an important incorporeal property, plays an increasingly prominent role in international competition. The colleges and universities being regarded as the source of intellectual property is the place where scientific and technical achievements will convert into productivity. The intellectual property from universities strongly influence the development of our country and social economy. Scientific and Technical Achievement conversion Act,Science and Technology Act, Patent Act and Contract Act are all the legislation about the intellectual property conversion in our country at present. Though the law has a general statement about the content of intellectual property, the practice of the intellectual property of our universities is at a low rate. There are some legal issues remain to be solved in the determination of the subject, the contribution, the conversion and the permission of the intellectual property in universities. To promote the intellectual property conversion of our universities, we should define the scope of service invention reasonably, improve the rights of ownership of university research system; we should compensate for the lack of relevant laws and regulations of intellectual contribution and improve relevant laws and regulations of intellectual property valuation, and perfect university intellectual transferable license to implement the provisions of relevant laws. These will enrich the theoretical system of intellectual property conversion, improve the legal environment of intellectual property,promote the conversion of the intellectual property to the productivity.