Study On Property-Rights Allocation Of Dual-Use Technology

For all the countries, it has been an important policy of national defense science and technology to develop the dual-use technology. Many countries in the world also recognize the vital importance of the development of dual-use technologies to promote the development of national economy and the military capacity. They continuously improve the ability in creation, utilization, protection and management of dual-use technology through legislation and policy adjustment. It is to realize the scientific and rational allocation of the interests that can promote the constant innovation of the national defense science and technology and ensure the power of national security is energized sufficiently. This study focuses on the property rights allocation of the dual-use of the military and civilian technology. It is proposed to establish and improve the advantageous policy system for the innovation and implement of the dual-use of military and civilian technology and adjust rights of the country, military and technicians reasonably. So it is significant for the further actualization of the military and civilian integration strategy and innovation-driving development strategy.This paper first clarifies the basic concepts and theories of dual-use technology property right allocation. In the next place, the status quo of this phenomenon in China and main features and principles of dual-use technology is considered, pointing out the existing problem of the system. Then we analyze the reasons from three aspects(system, concept and policy), pointing out that there are several factors that caused the phenomenon of dual-use technology, such as property right allocation channel unsmooth, the lack of market competitiveness and configuration environment imperfect. And then the author analyzes the successful measures and inspiration of the typical countries through international contrast. The author also analyzes dual-use technology property right allocation, including the analysis of transaction cost theory under the perspective of dual-use technology intellectual property right governance model, and property rights allocation model in different governance mechanism based on the incomplete contract theory analysis. Eventually, from four aspects, including establishing the concept of protecting, perfecting the system, strengthening the system construction, promoting the work of support, the author proposes the countermeasures and suggestions favorable to the innovation and implement of the dual-use technology.