"Bayh-Dole Rules" In The Field Of Legislation For Science And Technology

Bayh-Dole rules is a system of rules,adjust how to transform the R&D achievementfrom projects subsidized by financial funds,and it is composed of six elements,incarnatesdifferent legislation,the most important is that has specific features.Bayh-Dole Act originated in the USA at1980,which became a successful exampleof technology legislation,under its successful experience,China establish similar system inLaw of the People’s Republic of China on Science and Technology Progress (2008),thissimilar system called Bayh-Dole rules in China.After the central legislation changed somuch,local science and technology legislation enter a new period of development.Andcentre on the Bayh-Dole rules,different places present different models.Local science and technology legislation has four models,such as exploratory-model,follow-model,steady-model and slow-model.Furthermore, Bayh-Dole rules in locallegislation also has four models,such as unnamed-model,follow-model,refined-model andexploratory-model. On the basis of macro-analysis from local legislation,this paperintroduces the legislative theory of Professor Seidman,and the purpose is using theROCCIPI model to analysis legislative factors.Bayh-Dole rules in local science and technology legislation follow the centrallegislation,focused on four aspects: definition of concept,vested rights,distribution ofbenefits,intervention right.The innovative provision is distribution of benefits aboutintellectual property rights:definition of stakeholders,which include project undertaker,principle investigator,important contributor and executor,all of them participate in thedistribution of benefits,and form the interests of the chain;in the mechanism of distributionof benefits, Bayh-Dole rules improve the operation.In order to solve the distribution ofbenefits,this paper try to propose the distribution of benefits based on agreement.Combined with theory of local science and technology legislation and theory oflegislative theory of Professor Seidman,aim at current situation of local science andtechnology legislation,this paper try to propose legislative proposal for the futurelegislation.