The Legal Issues Rearch On The Transformation Of National Defense Intellectual Property Rights In Our Country

In the process of building modern and technology powerful country,Intellectual Property plays an important role.The position of Intellectual Property in the field of national defense is increasingly valued as well.The development of national defense Intellectual Property is directly related to international competitiveness and the military strength of the country.Therefore,it’s extremely essential to strengthening the construction of Intellectual Property system.The intellectual property system itself is to promote scientific and technological innovation and dissemination of knowledge,and then to promote the development of social economy.Commercializing and applying the achievements of technology so that it can better serve the society,as well as the goal of national defense Intellectual Property system.This is the connotation of transformation of national defense Intellectual Property.It is necessary to keep confidentional since national defense Intellectual Property system involve national safety and defense interests.However,the excessive confidentiality make it difficult to transform and apply national defense Intellectual Property rights,and it is also difficult for many high-tech to enter the economical market so that it is difficult to achieve the value of ecnomic.At the same time,since the most results of national defense Intellectual Property rights are invested in research and development（R＆D）by the state,there are also certain disputes on the ownership of results.If the country is given full of the rights,it is easily to lead to a decline in the innovation enthusiasm of relevant scientific researchers,but if R＆D units or R＆D personnel have all the rights,it can easily affect national security.Multiple conflicts of interest are involved in the transformation of national defense intellectual property rights,so it is a critical issue on how to balance the multiple conflicts of interest in the construction of the system.All of these problems are the core content of the transformation of defense Intellectual Property.Although a corresponding national defense intellectual property system has been established,it still lacks in terms of program and mechanism of transformation.Improving our country’s national defense Intellectual Property transformation model by learning from foreign transformation models,not only the top design of institution but also the supporting normative system.Establishing a special transformation mechanism,reforming the existing confidentiality mechanism and optimizing the transformation procedure of the national defense Intellectual property;Giving corresponding rights to R＆D institutions and R＆D personnel and increasing the compensation and incentives for researchers so as to stimulate their enthusiasm for innovation.Balancing the multiple conflicts of interest and promoting the transformation and application of national defense intellectual property rights are benefcial to strengthen economic construction and national defense capabilities of our country,achieve the goal of strengthening the military in the new era and effectively respond to international challenges.