A Study On The Perfecting Of The Legal System For The Transformation Of Scientific And Technological Achievements In Colleges And Universities

Colleges and universities play important roles in national patent strategy.The transformation of scientific and technological achievements in Colleges and universities is at the core of the entire innovation-driven development strategy.Until now,China has established a legal framework for the transformation of scientific an d technological achievements based on the Constitution as the fundamental law,the Science and Technology Progress Law and the Law on the Promotion of the Transformation of Scientific and Technological Achievements,supplemented by the regulations,rules and policies of some other departments.Policy implementation is the only way to transform the objectives of intellectual property policy into the real advantages of intellectual property in China.However,today,the atmosphere and trend of the transformation of scientific and technological achievements have undergone tremendous changes,and many laws,regulations and policies have been unable to comply with the pace of transformation of scientific and technological a chievements.The top-level design of technology conversion and the lack of policy environment,and the lack of coherence in the transformation process began to emerge.The lack of top-level design and evaluation policy environment for technology transformation and the incoherence in the transformation process are beginning to emerge.Since the implementation of the New Law on the Transformation of Scientific and Technological Achievements,many colleges and universities have explored and tailored the transformation mechanism of scientific and technological achievements suitable for their own situations.However,taking a comprehensive view of the actual situation in China,many colleges and universities have weak awareness of intellectual rights strategy.The existing system does not include intellectual property rights in the medium and long-term development plan,and the prospects for the transformation of achievements are vague.At the same time,the legal system for the transformation of achievements in colleges and universities on the safegu and mechanism,such as the right to dispose achievements,incentive policy,risk control policy,etc.is still very imperfect,although the new transformation law stip ulates that scientific research institutions can dispose of the income obtained from the transformation of scientific and technological achievements,which has already improved the rights of colleges and universities.However there is no clear imple mentation method for problems like how to decentralize this right,how to better respond to the voices and urgent needs of scientific research institutions and scient ific and technological workers.Even though many incentive policies have been issued by the state and local governments,there are few breakthroughs in risk controf policies.In addition,there is a relative shortage of professionals in the transfer and management of intellectual property rights.And the basic auditors and revie wers are not professional enough.There is a widespread lack of awareness of risks.And the results quality review system lacks pertinence and scientific basis.Colleges and universities,encouraged by the current method of transformation of scientific and technological achievements,have made great improvements in the incentive and guarantee mechanism.However,many universities still regard undertaking researching projects,writing and winning prizes in competitions as the main objectives of their research.They are not very concerned about the market demand for the results,whether they have the value of transformation of scientific and techn ological achievements,and whether they can produce considerable economic benefits.The indifference to social influence and the long-term outdated appraisal mecha nism lead to much resistance to transformation.Therefore,based on the law of transformation of scientific and technological achievements,taking the legal system of transformation of scientific and technological achievements in colleges and universities as the main line,applying the literature research method,case study method and experience summary method as the main research methods,this paper studies the improvement of the legal system of transformation of scientific and technological achievements in colleges and univer sities in China.It is mainly divided into the following four parts:The first part studies the legal basis and practical development of the transformation of scientific and technological achievements in Chinese colleges and universities.It mainly studies the legal basis for the transformation of scientific and technological achievements,the establishment and improvement of relevant systems for the transformation of scientific and technological achievements in China,and the practice of intellectual property management in colleges and universities under the system of scientific and technological achievements transformation.The second part analyzes the performance and causes of the transformation of scientific and technological achievements in Chinese colleges and universities.It makes an empirical analysis on the performance of technology transfer in 20 wel 1-known domestic universities,including the income of technology transfer,the am ount of patent application and the input-output of technology transfer,and then finds out the institutional factors of the inadequate ability of technology transfer in Chinese colleges and universities from four aspects:operation mechanism,owners hip,risk control and incentive guarantee.The third part studies the relevant legislation and practical experience of forei gn countries.At present,countries with relatively mature transformation mechanism of scientific and technological achievements will regard transformation policy as a powerful weapon to promote social development and make knowledge useful in the field of industry.We should learn from the successful experience of the de veloped countries such as the United States,Britain,Japan,Germany and Russia,and refer to the specific measures to promote the transformation of scientific and technological achievements.The fourth part is the proposal to improve the legal system for the transform ation of scientific and technological achievements in China.It mainly illustrates from the aspects of understanding and straightening out the various legal provisions,enhancing the legal applicability;strengthening the awareness of intellectual prope rty legal protection,strengthening the management of transformation of scientific and technological achievements;establishing and improving intermediary agencies for technology transfer,optimizing risk control mechanism;optimizing the environme nt for dealing with security cooperation,focusing on the construction of income d istribution mechanism.After understanding the transformation status of some world famous universiti es and domestic top-ranking universities,this paper analyzes the legal basis and practice development of the transformation of scientific and technological achievements in China,and analyzes the performance of scientific and technological achieve ments transformation in China's colleges and universities.Based on the cause rese arch of lacking scientific and technological achievements transformation ability,combined with foreign legislation and practice,it thus puts forward suggestions for perfecting the legal system of scientific and technological achievements transformation in China's colleges and universities,hoping to produce certain value and assist the transformation of scientific and technological achievements in colleges and universities.