公立高校知识产权转化难:一个“中式命题”的破解

Difficulty in Transformation of Intellectual Property Rights in Public Universities:a Solution to a “Chinese Proposition”

公立高校知识产权转化难是一个极具有中国特色的命题,实务界和学术界对该问题的解决也作出了很多努力。实践表明,这些努力的效果并不理想。公立高校知识产权具有"国有"性质,不仅违背了知识产权制度设立的初衷,也不利于知识产权的市场交易。为了破解这一"中式命题",目前,实务界和学术界大概存在五种改革模式,这些改革或围绕着规避国有资产管理规定或重塑公立高校知识产权的权能来进行。公立高校知识产权改革必须立足中国现实,在坚持放权改革的基础上,从法律层面对国有资产管理规定和职务发明制度进行调整。

The difficulty in the transformation of intellectual property (IP) rights in public universities is a topic with Chinese characteristics. The practical field and academia have made many efforts to resolve this issue, but without ideal result as shown by the practice. The IP rights in public universities are “state-owned”, which not only violates the original intention of the establishment of the IP system, but also is not conducive to the market transaction of IP rights. Presently, in order to solve this “Chinese proposition”, there are probably five kinds of reform models in the practical field academia, which revolve around either evading state-owned asset management regulations or reshaping the functions of IP rights in public universities. The reform of IP rights in public universities must be based on the reality in China. On the basis of decentralization reforms, the state-owned assets management regulations and employee invention system must be adjusted from the legal perspective.