Research On Perfecting The System Of Transformation Of Scientific And Technological Achievements In Universities

Since China promulgated a series of laws and regulations governing service inventions,for example,the patent law in 2008,the detailed rules for the implementation of the patent law in 2010,and the law of progress in science and technology in 2007,etc.There are still some specific problems about the ownership,rewards and the right protection mechanism of inventors.The lack of way means that a large number of non-service inventions exist in China now.China's legal system to promote transformation of University's scientific and technological achievements is still in the stage of exploration.It has been in a difficult situation where related issues lack specific regulations.The current legislation situation is one of the institutional reasons that lead to the low transformation rate of scientific and technological achievements in Universities in China,and the lack of positive and continuous transformation power of R & D personnel.In order to reverse the situation of the low conversion rate of scientific and technological achievements in colleges and universities as soon as possible,improve the enthusiasm of researchers and enhance the international competitiveness of the country,the “Promotion of the Transformation of Scientific and Technological Achievements”,which was revised in 2015,devolved the right to dispose of scientific and technological achievements,the usufruct and the right to use,so that colleges and universities have more independent rights in the transformation of scientific and technological achievements.Can universities get out of the predicament of low transformation rate of scientific and technological achievements? Or how can China get rid of the predicament of marketization of scientific and technological achievements in Colleges and universities? From the perspective of law,the answer to this reality of China,rely on the research of improving the transformation system of scientific and technological achievements in universities.How should we improve the transformation system of scientific and technological achievements in universities? Or,there are still no specific measures for promoting the transformation of University's scientific and technological achievements.How to solve these problems can make the transformation rate of University's scientific and technological achievements optimal?The purpose of this paper is to provide a legal basis and system design for improving the transformation system of University's scientific and technological achievements in China.Three steps on the path of research: First of all,by establishing a legitimate state of promoting the transformation of University's scientific and technological achievements in theory,we can provide theoretical basis for its improvement.Secondly,by establishing the actual situation of China's transformation of the system of scientific and technological achievements in Institutions of higher learning,we can provide a basis for improvement.Finally,on the basis of the above research,we should give full consideration to the background of China's innovation driven development strategy.Aiming at the existing problems,we draw specific proposals for improving the transformation system of university's scientific and technological achievements.Besides the introduction,there are four chapters in this paper.The major premise of the full text is to promote the theoretical premise of the transformation system of scientific and technological achievements in universities and the related legislation of foreign developed countries to promote patent transformation in universities.The small premise of the full text is the fact that China promotes the transformation of scientific and technological achievements in universities.The conclusion of this paper is a proposal for improving the transformation system of scientific and technological achievements in universities.The following sections introduce the main lines and main contents of each part.As a part of the major premise,it includes the contents of the second and the third chapters.The second chapter defines the basic concepts of transformation system of University's scientific and technological achievements.It indicates the significance and necessity of promoting the transformation of University's scientific and technological achievements.The third chapter studies the practical experience and lessons in the legislation of foreign developed countries to promote the transformation of university patent.The purpose is to provide a theoretical criterion for improving China's transformation system of University's scientific and technological achievements.Under the premise of respecting and considering the specific circumstances of China's economic and social development and legal environment,the practical experiences of developed countries are worth learning.It includes that legislation is one of the most effective ways to promote patent transformation in universities,the content of promoting patent transformation in colleges and universities should be centered on stimulating the inventions of colleges and universities.As a minor premise of the entire argument,the fourth chapter studies the main defects existing in the actual situation of China's transformation of institutions' scientific and technological achievements.This paper analyzes and compares the regulations issued by several universities to promote the scientific and technological achievements in universities,to provide more specific data support and basis for improving the transformation system of scientific and technological in universities.As the conclusion of the paper,the fifth chapter gives the specific plan to improve the transformation system of University's scientific and technological achievements.Solve the problem of how to improve and perfect the transformation system of University's scientific and technological achievements.Finally,it will provide concrete answers for China to get out of the predicament of low transformation rate of University's scientific and technological achievements.Concretely speaking,the plan to improve the transformation system of scientific and technological in universities:(1)improve the legislative system of promoting the transformation of University's scientific and technological achievements,and clarify the system to encourage the core content of University inventions;(2)to clarify the ownership,especially for the scientific and technological achievements made by the inventor mainly using the material and technical conditions of the University,and the University and the inventor can contract the ownership through the contract;(3)to improve the rights guarantee mechanism of the inventor by giving priority to the right of the inventor,the right to carry out the implementation,the right to know and the right of gain,so as to improve the enthusiasm of the inventor of the University;(4)the principle of the most beneficial inventor is put on file for the reward of inventors,it is convenient for intellectual property management institutions to carry out effective supervision;Establishing a legal intermediary,and give them the functions of supervision and management and clarify the work responsibilities.Adopt the above proposal,to improve transformation system of scientific and technological achievements in universities,making China out of the predicament of low transformation rate of scientific and technological achievements in universities.