The Legal Risk And Prevention Of "Empowerment Co-Ownership" Of Job-based Scientific And Technological Achievements

The job-based scientific and technological achievements is an important starting point for accelerating innovation-driven development and realizing scientific and technological self-reliance.In recent years,the state has attached great importance to the reform of the ownership of job-based scientific and technological achievements,from the "three powers" to the "two powers" pilot,and the state and local governments have vigorously promoted the reform of the ownership of job-based scientific and technological achievements.However,the transformation of job-based scientific and technological achievements still faces many difficulties.Relying on the dual advantages of disciplines and talents,colleges and universities and scientific research institutes contain huge independent innovation potential,and are important bases for realizing the output of scientific and technological achievements.In May 2020,the Ministry of Science and Technology and other 9 departments issued the "Pilot implementation plan for Give scientific researchers the ownership or long-term use rights of job-based scientific and technological achievements"(hereinafter referred to as the"Implementation Plan"),officially carrying out the pilot work of granting job-based scientific and technological achievements ownership or long-term use rights to scientific and technological achievements.Among them,the conditions for empowerment,the method of acquisition,the distribution of tenure and the exercise of rights are all regulated,making it more feasible for researchers to obtain and exercise co-rights.In the process of exercising the co-ownership of scientific and technological achievements,researchers and institutions find that the co-ownership relationship presents various forms.Because of the pluralism of the subject,the complexity of management and the diversity of interest relations,there are many legal risks in the relationship of " empowerment co-ownership".Under the background of empowerment reform,based on the relevant theories of job-based scientific and technological achievements,this paper analyzes the legal risks of "empowerment co-ownership" of job-based scientific and technological achievements by using literature research method,normative analysis method and comparative analysis method.Among them,the legal conflict caused by the acquisition of rights and the limitation of the rights of researchers;The responsibility of the dominant player and the abnormal connected transactions caused by the dual rights subject;A series of risks,such as the change of intention of undertaking enterprises and the curse of national capital brought by the evaluation autonomy,are caused by the mixed public and private.Legal risks have seriously hindered researchers from acquiring and exercising the ownership of job-based scientific and technological achievements,but also brought challenges for pilot units to manage and transform jobbased scientific and technological achievements.Based on the relevant legal regulations and practical experience of the transformation of job-based scientific and technological achievements in the United States,Germany and Britain,targeted prevention suggestions are put forward based on the legal risks of "empowerment coownership" at different levels and stages,so as to accelerate the establishment of a risk prevention and control mechanism of the whole stage and process.In view of the legal risks caused by the acquisition of rights,we should perfect the top-level design and implement the autonomy of ownership.In view of the legal risks caused by the dual rights subject,implement the contract responsibility,strengthen the information disclosure;In view of the risks caused by the mixed public and private sectors,we should carry out coordinated transformation and prudently manage state assets.Accurately grasp the legal risks of "empowering co-ownership" of job-based scientific and technological achievements and establish an accurate risk prevention and control mechanism to fundamentally solve the problem of difficult transformation of scientific and technological achievements.