Under the background of the marketization of intellectual property rights in colleges and universities, the acquisition, transfer and licensing of intellectual property rights are more and more frequent. Perfecting and efficient intellectual property management mode has become the key to improve the level of intellectual property management in colleges and universities and standardize the market-oriented behavior of intellectual property, and has become an important part of the management system of colleges and universities. The intellectual property management system in Chinese universities is in the initial stage of development, and the intellectual property management modes in universities are different, and there are also many problems. Through the analysis of the current situation of intellectual property management mode in Chinese universities, and based on the comparative study of intellectual property management mode and experience in European and American universities, this paper puts forward the solutions to the problems existing in intellectual property management mode in Chinese universities.
: two. First, the intellectual property management model of ships in colleges and universities
With the large-scale development of industrialization and market economy, colleges and universities, as technical carriers with high-tech innovation and marketing capabilities, are actively playing an important role in technological progress and human development. With the coming of 2 1 century, the innovation ability and intellectual property protection consciousness of China universities have entered an unprecedented development period. Take the number of patent applications as an example. By 2008, the cumulative number of applications for invention patents in China universities was 12 1 4 13if-, the number of applications for utility models was 43,756, the number of applications for design was 1 1 977, and the total number of three patent applications was1. In 2008, the number of three types of patent applications in China universities was 45 145, an increase of 38 I% over 2007. Among them, the number of applications for invention patents was 30,808, up by 33.9% compared with 2007, the number of applications for utility model patents was 9,362, up by 46.8% compared with 2007, and the number of applications for design patents was 4,975, up by 50.7% compared with 2007. At present, the market-oriented development of intellectual property rights in colleges and universities requires colleges and universities to establish a perfect intellectual property management model to better manage intangible intellectual property rights.
First, the problems of intellectual property management mode in China universities
With regard to the management mode of intellectual property, the intellectual property management of Chengdu University has only been incorporated into the original administrative management system of the school in recent years, and some colleges and universities are still establishing regulations and management structures. At present, some progress has been made in the intellectual property management of universities in China. However, due to the limitations of many conditions, there are still many problems and deficiencies, which need to be further improved.
(1) The intellectual property management institution is not perfect. Lack of intellectual property management professionals
At present, stabilizing the intellectual property management mode of colleges and universities is still in the primary stage. At present, there are still about 40% colleges and universities without full-time institutions for intellectual property management, mainly relying on the management mode. Form is greater than inner; However, in other universities that adopt independent management mode (including centralized management mode and decentralized management mode), the centralized management mode is too hasty and the execution is not strong.
Insufficient, it is difficult to implement the school's intellectual property policy to various departments and scientific research units, as well as the decentralized management model.
It is also divided into several parts. 1 poor adjustment ability, difficult for all departments; {Can be blurred. Although there is a flexible structure for overall management, there is no overall structure.
Form an organic management system. This leads to low efficiency and poor operation. Due to the lack of professional managers, the management of intellectual property rights by scientific and technological authorities is often limited to the level of results management, and it is impossible to comprehensively consider the generation, evaluation and licensing of intellectual property rights. "1. Sometimes this will also cause serious problems, such as the loss of intellectual property rights.
(B) High-rise intellectual property management technology transfer work is not perfect
Technology transfer has become an important part of intellectual property management in international universities. However, at present, the intellectual property management mode of Chinese universities is not centered on technology transfer, but on the number of papers, the number of patent applications, the evaluation of professional titles and the application for various awards. This has led to a large number of technological achievements being made public through academic papers or conferences, and lost the opportunity to obtain intellectual property protection. There are also problems in the process of technology transfer: many technologies in colleges and universities do not reflect the value of intellectual property rights, but are transferred as cheap incidental technologies of technology transfer.
(C =) There are problems with scientific and technological achievements in colleges and universities.
China University's scientific and technological achievements are "too high" and "too low". "Too high" can be divided into three aspects: first, colleges and universities undertake a lot of theoretical research, and the technical achievements formed are mostly theoretical, and the market conditions are poor; Second, the technological research and development undertaken by universities are mostly high-tech and sophisticated technologies, and enterprises lack the ability to accept and transform, so it is difficult to implement such technologies; Third, many scientific research projects in colleges and universities are comprehensive technologies. Only people who are very familiar with the market can extract technologies suitable for industrialization. The so-called "too low 1" mainly refers to the R&D units in colleges and universities, which have a large turnover of personnel and a short project period. It is very brilliant to carry out continuous and in-depth research on a technology. It is precisely because of the late establishment of China's intellectual property system that the intellectual property management model is still in the primary stage, which can no longer meet the needs of China's rapid economic development and the softball development of the world economy. It is imperative to reform the current intellectual property management mode in colleges and universities. In this regard, the development of horizontal construction of intellectual property rights in economically developed countries and the banquet war have provided us with good experience.
Second, the intellectual property management model of European and American universities
The intellectual property management mode of European and American universities is mainly based on technology transfer. In recent years, centered on technology transfer, intellectual property management has further developed with the progress of technology, and the scope of management has further expanded. The intellectual property management model of European and American universities generally consists of three parts, namely, administrative decision-making bodies, executive coordination bodies and intra-school dispute resolution bodies (see circle 1 for details).
R-) Administrative decision-making mechanism Administrative decision-making institutions mainly undertake the function of formulating basic policies for intellectual property management in their branches, such as Harvard University.
The Board of Directors of Hoover University is responsible for the formulation, revision and interpretation of intellectual property rights, while the President of the University of California is authorized by the Board of Directors to formulate and revise policies related to intellectual property rights [4 1. It can be seen that the administrative decision-making subject of intellectual property management system is the highest profit subject of colleges and universities. Intellectual property, as an intangible property of colleges and universities, is related to the development and comprehensive competitiveness of colleges and universities. The contents involved in intellectual property management are also very complicated, including the source and composition of funds needed for research and development, whether the research direction is forward-looking, whether it conforms to the development direction of our university, the proportion and mode of technology transfer, the investment of scientific and technological achievements, the acquisition and distribution of technology transfer and licensing, and the income. Whether intellectual property involves trade secrets, the importance of intellectual property of the unit responsible for invention and creation and the height of policies involved, determines that only the highest authority of the school can make decisions. In order to ensure the perfection of the formulation and revision of intellectual property policies and supervise the implementation of these policies, colleges and universities have also set up policy supervision and consultation institutions. These institutions are related committees set up independently in the administrative management system of colleges and universities, which are responsible for supervising the implementation of intellectual property policies and making suggestions on the revision and supplement of policies. For example, the president of Overseas Chinese Town University in the United States set up the Intellectual Property Committee. The members of the Committee are the vice president in charge of technical authorization, the financial director of the university, the legal director of the branch school, and 1 1 teachers. They hold regular centralized meetings, which are responsible for the formulation and enlightenment of intellectual property policies in colleges and universities, as well as suggestions. The establishment and operation of these institutions ensure the objectivity and professionalism of intellectual property policies in colleges and universities and the sustainable development of intellectual property policies in colleges and universities. Through policy supervision and consultation institutions, the board of directors of colleges and universities can obtain the actual work situation of specific executive departments, understand and update the information of problems that need to be solved in time, so as to make more active and effective decisions.
(B) the implementation of retrospective fear
The executive coordinator is mainly responsible for implementing the intellectual property policy of colleges and universities. Because the implementation of intellectual property policy needs the support of many departments, this function is often undertaken by independent institutions. At present, there are three main organizational forms of intellectual property enforcement mechanism.
1 Organizational mode of internal organization Organizational mode of internal organization includes internal unified management mode and internal decentralized management mode.
(1) has a unified management mode. Some institutions of higher learning have set up administrative organs in their branch schools to manage related intellectual property affairs in a unified way. For example, the "Technology Licensing Office Z 1" established in Ma Institute of Management Technology is directly led by the president or vice president of a poor university, and consists of three departments: the Patent Office, the Trademark Office and the Copyright Bureau. Its functions almost cover the intellectual property affairs of the whole school. The advantages of this management mode are that it is conducive to the centralization of banquet politics and the unification of banquet policy implementation; The disadvantage is that the size of the institution will increase with the increase of management affairs, thus increasing the administrative cost of the university.
(2) Built-in decentralized management mode. Many colleges and universities have set up more than one administrative agency on campus to manage patents, trademarks and copyrights respectively. For example, Brigham Young University has a Technology Transfer Office to handle patent application, patent protection, patent transfer and licensing, as well as a Copyright Licensing Office and a Creative Works Office, which are responsible for the registration, protection and transfer of campus copyright. There is no essential difference between this decentralized management mode and the above unified management mode, but it is easy to cause a fragmented situation, which is not conducive to the coordination and unity of work. But the internal institutions are all set around "technology transfer". According to the principle of "invention before invention" in American patent law, many universities require their staff to "declare" their inventions to the corresponding parts of the school. If the school adopts decentralized management mode, this management organization should include application information management, technology evaluation management, technology licensing and transfer management, income distribution management and other corresponding departments, so as to systematically manage all aspects of technology transfer: the audit of the source of invention funds, the interpretation and classification of invention content, the judgment and collection of invention experiment verification, and the invention. The advantage of this kind of sheep management is that the school can manage the technical achievements of the school systematically and effectively, and allocate and utilize the benefits of technology transfer effectively and reasonably. In view of the overlapping management authority of various departments in the specific implementation, colleges and universities can formulate targeted specific operating procedures to enhance the coordination ability between departments.
2. Evening H organization management mode The peripheral organization management mode includes the peripheral foundation management mode and the peripheral company management mode.
(1) peripheral basic management mode. These foundations are usually funded by university alumni and university directors. In fact, they are controlled and operated by universities, which manage intellectual property affairs through them. The Wisconsin Alumni Foundation, founded in 1925, is the representative of this kind of foundation. The ability of intellectual property decision-making departments in colleges and universities to control the foundation, the operation ability of the foundation itself and the coordination ability between the foundation and relevant departments in colleges and universities are the prerequisites for this management model to play its due role. The advantage of this management mode lies in the utilization of the original resources, the reduction of administrative costs within the school, the enhancement of professionalism and timeliness of management, and the development of technology.
(2) Management mode of peripheral companies. Some universities manage their intellectual property affairs in a unified way through R&D companies with independent legal personality established by universities. The typical representative of this model is Cambridge Limited 15, a wholly-owned company established by Cambridge University. The advantage of this management mode lies in the existence of R&D company as an independent legal person, which has inherent advantages in business operation and is very conducive to the transfer and licensing of intellectual property rights.
3. Entrusting external professional company management mode Some colleges and universities entrust socially independent commercial companies to manage their intellectual property affairs on their behalf. Among them, the most representative is American College Authorized Company, which is a professional company engaged in trademark management and development. Up to now, more than 65,438+000 universities have entrusted them to manage the trademark transfer and licensing affairs of these universities. The biggest advantage of this model lies in the integration of the most commercially efficient social resources and the use of an existing commercial platform for technology transfer, which is far better than the situation in which colleges and universities work independently. Actually. The management mode of peripheral organizations and entrusting external professional companies is to set up intellectual property management outside the school. These two management modes are the first choice for universities with active technology transfer. Take patents as an example. The university markets its patented technology by means of external license through the above-mentioned peripheral management institutions. Nearly 70% of patents authorized by American universities are small and medium-sized enterprises. Many of these small and medium-sized enterprises are based on this patented technology. Generally, in the process of technology authorization, colleges and universities will give the licensee 3-6 months to facilitate the other party to conduct market feasibility investigation, raise funds and find partners. In the meantime, peripheral management agencies can make use of their rich market. In-school dispute resolution institutions For disputes arising from the implementation of intellectual property management in universities, such as policy interpretation, ownership disputes, technology transfer or licensing, European and American universities have set up dispute resolution institutions, which are composed of two modes.
1. An institution that also handles disputes. The policy supervision and advisory committees of many universities also deal with intellectual property disputes on campus. For example, the "Intellectual Property Committee" of Harvard University also solves disputes and disputes caused by policy interpretation. The organization that handles disputes is itself a consultation and suggestion unit that formulates policies, and its understanding of policies is better than that of other shed reform institutions.
2. Specialized dispute settlement institutions Some universities have set up specialized dispute settlement institutions. For example, in Cambridge University, the board of directors of the university set up the "University Technical Arbitrators Panel" and appointed the chairman. The chairman appointed an arbitrator to hear the submitted dispute and make a decision. If participants refuse to accept the arbitrator's arbitration, they can appeal, and the academic director and the Council will form a 3-4-member team according to the specific circumstances to make a binding ruling. The independence of specialized agencies ensures the objectivity and fairness of the ruling results, and also plays a role in protecting and promoting innovation and establishing a fair and reasonable intellectual property management mechanism. To sum up, the intellectual property management system of European and American universities is mature and rigorous, and a complete management system has been formed by setting up perfect administrative decision-making institutions, supervision institutions, execution coordination institutions and dispute settlement institutions. This has a strong reference significance for China universities with loose management system. In addition, European and American universities
In terms of intellectual property management, we attach great importance to technology transfer, especially the internal executive body is more conducive to universities with active technology transfer. The degree of marketization of intellectual property rights in European and American universities is much higher than that in China. The management mode of peripheral institutions and entrusting external professional companies can enhance the ability of colleges and universities to cope with market changes and broaden the sources of scientific research funds.
Third, thinking about the management mode of intellectual property rights in Chinese universities.
Since the reform and opening up, China's intellectual property system has developed in an all-round way and achieved remarkable achievements, and the intellectual property capacity building of Chinese universities has been further valued. However, China's intellectual property work, especially in colleges and universities, is still in the initial stage of development, and the overall situation of intellectual property rights is still not suitable for the needs of national economic and social development. Comparing and analyzing the intellectual property management modes of European and American universities, it is found that there is still a big gap in the intellectual property management of Chinese universities, which must be
Strengthen construction. In view of the problems existing in the intellectual property management mode of Chinese universities proposed in this paper, based on the analysis of the intellectual property management mode of universities in developed countries in Europe and America (represented by Britain and the United States), the author believes that it is imperative to improve the current intellectual property management mode of Chinese universities from the following aspects:
(A) improve the intellectual property management system in colleges and universities
Because the intellectual property management system of Chinese universities is still in the primary development stage, it leads to over-standardized management and limited funds, and it is impossible to establish a complete intellectual property management system like foreign universities. The decentralized management model may exist for a long time. This requires a more "centralized" overall planning department for planning and coordination. The author suggests that the staff of this department should have a clear division of labor, and the specific responsibilities of the staff should be divided according to the department. Staff should go deep into the front line and give specific guidance on related work. At the same time, some specific work can be entrusted to a professional company of peripherals, but a specific contract must be signed to clarify the rights and obligations of both parties.
(B) The intellectual property management model of China universities focusing on technology transfer.
At present, the mode of intellectual property management in Chinese universities is not based on technology transfer, but mainly on increasing the number of patent applications or patent authorizations, which is determined by the evaluation system of the country and even the universities themselves. In the evaluation system, the amount of patent application or patent authorization is the main evaluation index for evaluating professional titles or winning scientific and technological achievement awards. This review system restricts the development of technology transformation, resulting in many problems in the early stage of the formation of technological achievements, including project selection, research and development direction, experimental stage, technology disclosure, patent application and patent protection. For example, theoretical research is emphasized in the stage of topic selection and project establishment, and actual situation and market factors are less considered; Many patented technologies are still in the laboratory stage, and it is difficult to form industrialization. The government's investment in scientific research funds in colleges and universities has increased year by year, while the investment of enterprises and institutions has decreased steadily. The research funds of European and American universities come from less than 30% invested by the government, and the other 70% comes from the gifts of enterprises, scientific research institutions themselves and society. Therefore, vigorously improving the industrial transfer of technological achievements in colleges and universities is the main measure to increase the investment in scientific research funds.
(D) Establish and improve the platform for the transfer and transformation of scientific and technological achievements in colleges and universities
In order to realize the transfer and transformation of intellectual property rights with patented technological achievements as the main body in colleges and universities as soon as possible, we must first adapt to this need in the system, establish and improve the platform for the transfer and transformation of technological achievements in colleges and universities, and connect this platform with the R&D center of enterprises, so as to establish an organic connection between colleges and enterprises. At present, the state has established national technology transfer centers 1 in seven universities, and these national technology transfer centers have formed their own advantages and expertise.
Technology transfer platform, through which universities all over the country can carry out extensive technology development, promotion and incubation activities.