面向协同创新的我国“拜杜规则”再设计

Redesign of the 'Bayh-Dole Rules' in China with Regard to Collaborative Innovation

我国"拜杜规则"旨在解决财政性科技投入所形成的R&D成果的知识产权归属与管理问题,但在促进科技成果转化的目标上尚未实现其立法预期与制度功效,亟待有针对性地进行再设计。再设计的关键在于解决目标再定位问题,将促进科技成果转化这个抽象目标赋予时代内涵,定位于协同创新这一可操作、可检验、可执行的具体目标,并在此基础上从主体协同、利益取向协同、资金链协同三个层面构建协同体内主体间的知识产权利益协同机制。

The aim of the ＇Bayh-Dole rules＇ in china is to deal with the ownership and management of intellectual property of R＆D products arising from federal government-funded researches. But it didn＇t achieve its expectation legislatively and institutionally, which is to promote the transformation of scientific and technological achievements. Therefore a redesign of the rules is needed. The key of this redesign is to address the issue of target reorientation, so the goal of transformational promotion could be endowed with epoch connotation, therefore this goal would become operable, verifiable and executable. Based on this reorientation, an intellectual property interests coordination mechanism considering the synergies and collaborations among the main body, the interest orientation and the capital chain is developed .