Researches On Intellectual Property Of The Projects Funded By Public Finances

The Projects Funded by Public Finances is an important way for government to implement public finance,while making up for the technology market failure,promoting scientific and technological innovation and enhancing the technological competitiveness. The ownership of intellectual property is the core issue of the Projects of Science and Technology Funded by Public Finances. Bayh-Dole Act order that assuming unit own the intellectual Property of The Projects Funded by Public Finances, at the same time, the government has the right to intervene.so does the law of science and technology progress revised in China. There are three subjects,which are the government,the undertaker, and the inventor, in the Projects of Science and Technology Funded by Public Finances. Safeguard each subject’s interests to balance so that the Projects of Science and Technology Funded by Public Finances can play a good role. However, intellectual property rights conversions continue to occur.Based on confidentiality and professional characteristics of intellectual property disputes, administrative mediation is a good channel to deal with the disputes.The TLO model is the most common mode in the change of intellectual property,which exists but just desn’t not play its due role in China. There are three reasons for low rate of change of intellectual property in the Science and Technology Funded by Public Finances: firstly, the legal norms is inadequated; Secondly, the technology market is immature; Thirdly, the loss of state assets in change of the scientific and technological achievements. The main reason is that technology Intangibles incorporated into the scope of state-owned assets management, resulting in the school does not own the intellectual property rights in the Science and Technology Funded by Public Finances, and the government is still the owner of the intellectual property rights in the financial support science and technology projects.We need to protect the legitimate rights and inadequate interests of the researchers in order to stimulate their creativity.To create a favorable external environment by using administrative mediation to resolve the disputes of intellectual property. We are impossible to take University of Japan’s corporate reform in china. In order to solve this problem, a more reasonable path is that we manage technical Intangibles specially, reduce the intervention of public authority, and make university have the ownership, as well as other issues are also proved unfounded.