Research On Intellectual Property Transfer In Public Information Utilization

The use of public information includes the opening and development of public information such as government information,public sector information,and government data.Promoting the use of public information must solve the problem of intellectual property circulation.The article proposes the concept of intellectual property transfer in the use of public information.In the process of public information utilization,intellectual achievements can transfer and flow between different subjects according to the law or the agreement of the parties.According to the purpose of participating in intellectual property rights transfer,the subject of intellectual property transfer in the use of public information can divided into government departments,the private sector and the third sector.According to the degree of intellectual property appreciation in the use of public information,the subject of intellectual property transfer in the use of public information can divided into the original subject of public information,the subject of public information utilization and the users of public information services.The transfer of intellectual property rights in the use of public information includes intellectual property rights and intellectual property rights.The process of intellectual property transfer in the use of public information consists of intellectual property assessment,transfer,creation and application.Five principles should adhere to in the process of intellectual property transfer.These principles base on public interest,encourage circulation,optimal allocation,standardization,fairness,justice,and openness.Based on the analysis of intellectual property related theories in the use of public information,this article proposes the intellectual property transfer strategy in the use of public information.These strategies include intellectual property risk prevention and control strategy,intellectual property assessment and certification strategy,intellectual property protection strategy,incentive strategies for intellectual property transfer and supervision strategies for intellectual property transfer.Taking the monopoly of scientific research data as an example,this paper analyzes the essence of the monopoly of scientific research data by using the theory of intellectual property transfer in public information utilization,and proposes how to use the intellectual property transfer strategy in public information utilization to solve the monopoly of scientific research data.