Research On Right Ownership Of The Dual-use Technology

Technological innovation is an important factor to maintain national security and determine national competitiveness.It gives full play to the advantages of military technology innovation and civil technology innovation and integrates them organically.Dual-use technology has become an indispensable and important technology in the strategy of military-civilian integration.Different from general science and technology,dual-use technology is a two-way technology with high and new technology as the core,which can be applied in military field and civil field at the same time.So the rights it covers are slightly different from the rights that are contained in general scientific and technological achievements(what we usually call intellectual property rights).At present,there is no clear distinction in China's legal system as to the rights that dual-use technology should contain,and there are many views in the theoretical circle.Based on the existing legal norms in China,this paper analyzes the current situation and puts forward corresponding solutions,starting from the content of exclusive right,right of transfer,right of intervention,right of priority,right of income claim and right of risk taking.Dual-use technology is must pass through two-way transfer to produce right,which generates a special technology of its value,however at present for dual-use technology of two-way transfer of right to the legislation is not very meticulous,nor make a standard unified legislation,can only through the general legal norm adjustment in general,this will be conducive to the rapid progress of two-way dual-use technology transfer process.Therefore,this paper aims to discuss and try to analyze the ownership of dual-use technology in China,and put forward countermeasures and Suggestions.Based on the research on the ownership of dual-use technology at home and abroad,this paper studies the ownership of dual-use technology in practice.First of all,according to the existing legal norms in China,summarizing the dual-use technology rights contained;Secondly,combined with practice,summarizing the main problems in the ownership of dual-use technology in China;Thirdly,some foreign countries in the dual-use technology rights on the issue of comparative analysis,to find out can be suited for China's national conditions of the path and methods;Finally,the author evaluates the current system of the attribution of dual-use technology in China,and analyzes the internal influencing factors,so as to provide improvement basis and Suggestions for the construction of the attribution of dual-use technology in China,so as to better promote the two-way transfer of dual-use technology and promote the collaborative innovation effect of technology.