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The Government Funding Of Scientific And Technological Achievements Transformation Mechanism

Posted on:2017-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:X PengFull Text:PDF
GTID:2296330488482816Subject:Civil and Commercial Law
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In the interaction of economic globalization and technological revolution, the transformation of the world economy competition depends on the scientific research project of the government funding ownership of intellectual property rights related to the future of the national innovation incentive mechanism as well as scientific and technological achievements. In history, the United States attaches importance to economic and social value of innovation and pursuits scientific and technological achievements transform into the industry,issuing the most representative of the Bayh Dole Act. European countries and developing countries have to follow the ownership of intellectual property rights policy, as solving domestic technology transfer commercialization of straw. The progress of science and Technology Law of China promulgated in 2007 also transplanted the core content of the bill. But in practice the Bayh Dole rules failed to achieve good results, there are a lot of controversy. Our country takes a cautious attitude from the bill, combined with the specific situation of our country, analyses of the differences between the United States and China, to improve the financial support of China’s scientific and technological achievements of the transformation of scientific and technological achievements and to better realize the economic development of science and technology services.This paper is divided into four parts. The first part mainly introduces our country government funded research project of intellectual property ownership policy. Our government funded research project intellectual property policy has experienced four stages. From the initial state of the ownership to the contract agreed to the ownership of the rights, and then through the administrative regulations to determine the project commitment to all units, and finally the legislation for all projects to undertake units.From the point of the whole evolution process, the country gradually assumes power to project unit, making its enjoy free discretion achievements in scientific research.The second part for the effect of implementation of Bayh Dole rules at home and abroad. The main content is generated by comparing the United States, Japan, China’s "Bayh Dole rules" background and implementation effect. From the perspective of practice investigation, and makes a conclusion that the Bayh Dole rules only played a catalytic role, there is no direct evidence to prove that Bayh Dole rules is to promote the commercialization of intellectual property rights the only factor.The third part is the domestic and foreign theorists debate about the "rules of the Bayh Dole". Mainly from whether harm public interests, whether is conducive to innovation, whether to promote technology transfer, whether to affect academic standard four aspects on "Bayh Dole rules" in the negative effects in the process of development.The fourth part mainly introduces the perfect our country government financial aid of scientific and technological achievements transformation countermeasures. China should be based on national conditions and drawing lessons from foreign experience, try to avoid the negative effects. In view of the problems existing in the college patent technology commercialization process, China should improve the relevant legal system and supporting measures, improve the government’s right to intervene to protect the public interest, improve the technology transfer mechanism in colleges and universities to improve the technical conversion rate, as well as improve the mechanism of public service in colleges and universities.
Keywords/Search Tags:Bayh Dole act, ownership of intellectual property, technology transfer
PDF Full Text Request
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