The Study On Property Right Management Of Scientific And Technological Achievements Of American National Scientific Research Institutions

The scientific and technological achievements property management system of the United States has experienced several development stages, and eventually formed a relatively mature and perfect property right management system of scientific and technological achievements.From free development to strict management, a series of legal policy makes detailed provisions to the four parts(the ownership,the disposal right,the exploration right,the profit right)of property right of scientific and technological achievements. The national research institutions undertake the major task of science and technology innovation and development in the United States. It is existing provisions that accelerates transformation of technology and commercialization of scientific and technological achievements.Through developing and applying a large number of scientific and technological achievements, the American national research institutions have made a great contribution to the economic and social development.Starting from the background of the topic, base on the related study on property right management, this paper discusses the four parts of the property right management of scientific and technological achievements deeply, makes assessment and put forward enlightenment.according to the different research background,the ownership modes of scientific and technological achievements are not the same.Scientific and technological achievements by internal research, cooperative research and development agreement and funding agreement of, depending on the specific situation and decide, its ownership will belong to the individual, the research institution or partners. There are two modes for the attribution of the right to dispose scientific and technological achievements: the mode of organization priority and the mode of agreement priority. The right of all parties can choose to retain or transfer the right.The correct handling way will motivate the enthusiasm of R & D, speed up the transformation of achievements and increase the economic benefits.The U.S. federal government generally distribute the exploitation right of scientific and technological achievements to the research institutions, federal employees or cooperative participation.Research institutions mainly transfer the right through the license agreements.While, in the case of maintaining the interests of the state and the public, the government will decide to make some special reservations. The income of research institution is derived from the licensing income, the transfer income and other income.Under the principle of fairness and justice, the step-down allocation mode can ensure the interest of organizations and inventors.Research institutions will make full use of the income to complete the research and development mission and objectives and accelerate the transfer of technology.In the practice of exploration and development,the American national research institutions progress constantly,whose success has a certain reference to the scientific and technological achievements management reform for China's current stage.Based on national conditions,China's national research institutions should be selective to learn and draw a lesson on the property right management experience to scientific and technological achievements of American national research institutions step by step.