Research On The Problems And Countermeasures Of Intellectual Property Protection Of Universities And Colleges In The Cooperation Of Industry,University,and Research In China

At present,the cooperation of industry,university,and research in China is developing deeply,and the intellectual property achievements of universities and colleges are frequently infringed on by enterprises.This study takes intellectual property protection in universities and colleges in the cooperation of industry,university,and research in China as the main line,analyzes the policy texts and the infringement cases in the cooperation,and aims to learn the existing problems of intellectual property protection of universities and colleges in the cooperation of industry,university,and research.This research analyzes the intellectual property problems of universities and colleges in the cooperation of industry,university,and research from the two perspectives of the policy and regulation texts and the implementation effects of the policy and regulation texts.Through collating and analyzing the policy and regulation texts of the cooperation of industry,university,and research,it is found that the policy and regulation are not perfect in the current cooperation of industry,university,and research,and the existing problems mainly include: Firstly,China lacks special legislation of intellectual property protection,and the policy and regulations are not operational.In China,most of the legal provisions for the protection of intellectual property protection of universities and colleges are scattered in the “Patent Law” and the “Copyright Law”,and the provisions of the laws are different,affecting the implementation of policies;secondly,universities and colleges neglect to sign normative contract,and the rights and responsibilities of the subjects are not clear.There are some limitations in the ownership system of intellectual property in China,especially in the ownership system of service invention and joint property and achievement,lacking relevant detailed rules and regulations.China has not yet formulated a unified benefit distribution standard,which affects the balance of benefits of all parties involved;thirdly,the intermediary service and support system has not been established,and our country lacks the related standard about the intermediary organizations at present,leading to the low service level of the intermediary organizations;fifthly,lack specific preventive measures.The implementation effects of policy and regulation of the cooperation of industry,university,and research is carried out through case analysis.Through analyzing the infringement cases,it is found that the problems in the practice of intellectual property protection of universities and colleges are the ineffective implementation and improper measures of policy and regulation of intellectual property.The main manifestations are as follows: first,universities and colleges' lack of special intellectual property management institutions and personnel;second,the low intellectual property protection awareness of research personnel;third,enterprises' lack of honesty and low cost of infringement;fourth,the high cost of safeguarding legal rights for universities and colleges and the weak punishment for infringement cases.In order to solve the existing problems in the intellectual property protection of universities and colleges,we must study and learn from the intellectual property protection experiences of developed countries and work out the countermeasures to solve the problems of intellectual property protection of universities and colleges.The specific countermeasures include: the state should accelerate the improvement of policies and regulations on intellectual property protection in universities;local governments pay attention to enhancing the operability of intellectual property protection laws and regulations in universities;universities should strengthen the protection and management of property rights;scientific researchers should pay attention to the protection of property rights;enterprises should pay attention to standardizing their own behaviors.