职务科技成果转化中利益分享的法律对策

Legal Countermeasures to Benefit-Sharing in the Transformation of Job-related Scientific and Technical Achievements

职务科技成果转化的效率和效果,取决于企事业单位科技人员能否合法、有效、全面地分享职务科技成果转化中的利益。但是,我国职务科技成果转化中的利益分享机制没有覆盖所有职务科技成果及其全部转化活动和具体情形,由于缺乏明确的利益分享程序、核算原则、义务和责任,企事业单位科技人员应得的职务科技成果转化的奖酬也没有得到很好地落实。建议学习和借鉴国外有关职务科技成果转化中利益分享的先进做法,通过采取约定优先、股权和奖酬激励等措施改进我国职务科技成果转化中的利益分享机制。

The efficiency and effect of the transformation of job-related scientific and technical achievements depend on whether scientific and technical personnel of enterprises or institutions share the benefits in the transformation of job-related technical achievements legally, effectively, and comprehensively. But our benefit-sharing mechanism in the transformation of job-related scientific and technical achievements does not cover all job-related scientific and technical achievements,their transforming activities and specific circumstances. Due to the lack of clear benefit-sharing programs, accounting principles, obligations and responsibilities, the award to scientific and technical personnel of enterprises or institutions in the transformation of job-related scientific and technical achievements has not been well implemented. The author proposed we should learn foreign advanced experiences, and improve our benefit-sharing mechanism in the transformation of job-related scientific and technical achievements by taking such incentive measures as the priority of agreement, equity and reward to improve our position in the transformation of scientific and technical achievements in the benefit sharing mechanism.