A Study On The Ownership Of The Achievements In Scientific Research Project Supported By The National

Under the new era background, the state replaces the private as the main sponsor of scientific research projects. And national financial funding in this way has a full public property, by the intellectual property system to determine the ownership of the achievements in scientific research has a full private property, so it will bring on scientific research achievement attribution of intellectual property rights of the study and a series of related questions.Study first from the state funded from the perspective of scientific research project ownership as a starting point, and a combination of the latest scientific research background and thought, definition and analysis to the basic concept of the object of study. Then it uses the method of comparative study, interpretation, and the article to analyze the patent part of scientific research results, and the copyright part and the part of the public domain. The research comprehensively combs the concrete ownership of these parts, and our country and other country to these contents, these Provisions have any differences and differences, and the value orientation is how to wait for the problem. In detail, it is found that the project supported by the national scientific research system of the ownership of the exist such as the use of the concept of deviation, copyright part attributable to lack of legislation in the practical problems such as scientific research. So the reasonable suggestions for the problems are given.Finally, although on the surface of it, state funded projects of “public” property and intellectual property of “private” property there is a contradiction, but it should be noted that, regardless of which country ownership system design will be state funded project in the part of the scientific research achievements belong to a person or to the bear unit, its fundamental purpose is still to promote social progress, moreover, the state have “right of match in” necessary to limit the use of these rights, so the rights of the so-called ”privatization” is just a means, not as an end. Therefore, in this regard, the basic value orientation of the public and private is the same.. But the most important system is still the accurate grasp of the interests balance in all aspects.