First of all, the weak protection of intellectual property rights is the core problem that restricts the use of transformation. Poor protection of intellectual property rights seriously reduces the expectation of innovation income, thus reducing innovation investment and the introduction of advanced technology. The current laws and regulations lack punitive provisions. The Patent Law stipulates that the compensation for patent infringement shall be "leveled", and the draft Transformation Law also stipulates that the false deception and transformation shall be "leveled", which is weak in protecting the obligee. The low compensation standard for actual infringement of intellectual property rights seriously affects the enthusiasm of transformation and innovation of scientific and technological achievements. According to statistics, the actual compensation for patent infringement in China is only 8, yuan on average, the trademark is only 7, yuan, and the copyright is only 15, yuan, which is far below the standards of some developed countries.

although China has established a legal system of intellectual property rights consistent with the world, there is still a lack of uniform standards for judicial protection of intellectual property rights. Significant progress has been made in the pilot construction of intellectual property courts in Beijing, Shanghai and Guangzhou, but the problems of inconsistent trial standards and compensation standards for intellectual property infringement have not been solved. At the same time, China still lacks high-quality professional intellectual property judges, administrative law enforcement lacks means of investigation and legal punishment, and the connection between administration and justice is not enough.

second, the contradiction between supply and demand is the fundamental problem that affects the application of restrictive transformation. Scientific and technological achievements can not be effectively transformed and intellectual property rights can not be effectively used. The important reason lies in the serious contradiction between supply and demand, which is a fundamental problem. Universities and scientific research institutions lack original innovation ability, and the supply of major scientific and technological achievements and core intellectual property rights is insufficient to meet the needs of enterprises. Enterprises also have weak innovation ability and insufficient demand for scientific and technological achievements and intellectual property rights. However, the main problem is that the supply of scientific and technological achievements and intellectual property rights cannot meet the market demand. Many scientific and technological achievements and intellectual property rights are the products of national strategies, plans, projects, plans and even instructions from leaders.

market demand is the fundamental driving force for the transformation of scientific and technological achievements and the application of intellectual property rights. Any transformation of scientific and technological achievements must identify the market demand and meet the effective demand. In fact, many existing scientific and technological achievements are transformed through cooperation or commissioned R&D contracts. For example, 85% of the R&D funds of the Fraunhofer Institute in Germany come from enterprises, and demand-oriented transformation of scientific and technological achievements is the main transformation method.

thirdly, the lack of effective transformation application mode is a prominent problem that restricts the transformation application. Institutional team and ability are important conditions to promote the transformation and application. The scientific research institutions in Chinese universities have not established a technology transfer office with unified functions of intellectual property management, technology transfer and investment, as in developed countries. Decentralization of intellectual property rights is a prominent problem that restricts the transformation and application. Some foreign patent pool or patent portfolio operating enterprises based on technical standards provide a package of licensing agreements for enterprises, which greatly improves the efficiency of transformation and application, but there is no patent pool or patent portfolio licensing enterprise in China. Industry-University-Research's cooperation is an important way to transform and use intellectual property rights, but China's innovation alliance and technology alliance have not fundamentally solved the organic combination of intellectual property rights, especially the patent pool or patent portfolio licensing, * * * enjoyment and income distribution. The asymmetry of information and risk is an objective problem that restricts the application of transformation, but most of China's science and technology intermediaries are simple third-party models, lacking the means and ability to effectively solve the asymmetry of information and risk. The difficulty of starting a business is the main bottleneck restricting the efficiency of transformation. International experience has proved that the best way to transform intellectual property rights is to invest in it. However, most transformation institutions in China lack investment functions, investment funds are separated from transformation institutions, and existing laws and policies lack support for scientific and technological achievements and the landing of intellectual property entrepreneurship.

fourthly, the lack of reasonable benefit distribution system is the key problem that affects the application of restricted transformation. To promote the transformation of scientific and technological achievements and the application of intellectual property rights, it is necessary to effectively encourage the job inventor and the unit to which he belongs. The income distribution policy of scientific research institutions in foreign universities takes into account the enthusiasm of all parties, and job inventors can basically get about 1/3 of the income after deducting costs. However, China's existing laws and regulations adhere to the principle of contract priority, fail to give consideration to the interests of all parties, and do not stipulate the upper limit of reward, which leads to a high reward ratio for inventors in some units and places, even as high as 95% in some places, which affects the enthusiasm of units to transform scientific and technological achievements and is not conducive to the transformation and application of organizations, talent teams and capacity building. The rewards and remuneration of service inventors are actually the loss of state-owned assets. Although some laws allow them to be given, this is not in line with the original intention of state-owned assets management. The fundamental reason is that there is no system for service invention rights based on the job and actual contribution of service inventors.

Fifth, the imperfection of laws and policies is an important problem that restricts the transformation and application. In China, there are some deficiencies in the operability of the relevant laws on transformation and application, such as more principles and superior provisions, lack of implementation details, and extensive use of policy language, lack of restrictions and normative provisions. There are overlapping and conflicts between science and technology law and intellectual property law, with different concepts, inconsistent rights to dispose of intellectual property rights and inconsistent proportion of rewards for job achievements. China lacks a policy system to effectively promote the transformation and application, and the financial investment policy will distort the market by promoting the transformation and application in a pure way. The policy of allowing intellectual property fees to be included in the funds of scientific research projects is also not conducive to the transformation and application of institutions, teams and capacity building of scientific research institutions in colleges and universities. The value-added tax rate of strategic emerging industries, high-tech industries and intellectual property services is actually higher than the previous business tax rate. The business tax threshold of technology transfer income of scientific research institutions in colleges and universities is too low, and the tax burden of one-time personal income tax on non-job achievements is too high. Lack of insurance and reinsurance policies to support the transformation and application. After the government procurement policy of independent innovation was abandoned in 211, the most important demand-side innovation policy was in trouble. Taking intellectual property rights as state-owned assets requires maintaining and increasing value, while ignoring its maintenance cost and value timeliness. There are many institutional obstacles in the value evaluation and shareholding of state-owned assets management system. The simplified scientific and technological evaluation-oriented mechanism leads to a large number of low-quality intellectual property rights. National scientific and technological plans often take the number of intellectual property rights as the acceptance index, and the number of scientific papers and intellectual property rights has become the main index for the promotion and evaluation of scientific researchers' titles.

It is necessary to carry out a comprehensive reform of transforming and applying institutional mechanisms

First, we should improve the legal system of science and technology from a systematic perspective. To systematically revise relevant laws, there should be no overlapping, duplication and conflict between legal provisions. The law should adhere to the principle of market decision, stipulate the transformation and application mode oriented to market demand and guide development. To stipulate the responsibilities and obligations of the government, universities, scientific research institutions and state-owned enterprises for transformation and utilization. Improve legal norms, strengthen legal norms and restrictive functions, increase procedural provisions and punitive provisions, and especially increase the punishment for false transfer and transformation. Formulate detailed rules for the implementation of the law in a timely manner, focusing on solving outstanding problems that restrict the transformation of scientific and technological achievements and the use of intellectual property rights that have not been solved in the law.

the second is to build and improve the policy system to promote transformation and application. The system design promotes the transformation and application of investment policies, mainly by improving the support methods of transforming scientific and technological achievements into funds such as discount interest and post-procurement. It is necessary to consciously purchase a number of key core technologies of domestic and foreign industries and promote their application. We will implement a low value-added tax rate for strategic emerging industries and R&D creative service industries, and increase the taxable starting point of technology transfer income of scientific research institutions in colleges and universities. Formulate incentive policies for the transformation of non-service inventors. We will take the procurement of new products as an alternative policy to the government procurement of independent innovative products, and restore the procurement of innovative products, the first set of procurement and green procurement for SMEs.

the third is to promote the transformation and application of organizations, talent teams and capacity building. Universities of science and engineering and scientific research institutions should establish internal technology transfer institutions to support the integration of technology transfer, intellectual property management and investment functions. Support the development of enterprises that rely on technical standards and focus on patent pools or patent portfolios. Support qualified science and technology intermediaries to develop third-party payment and guarantee functions.

the fourth is to increase support for intellectual property entrepreneurship. Guiding funds for the transformation of scientific and technological achievements should increase support for venture capital, insurance and guarantee institutions to participate in the transformation and application. Reduce the policy threshold of innovation guidance fund and develop the patent mixed pledge loan model. Formulate insurance and reinsurance policies to support the transformation and application.

the fifth is to promote the establishment of a reasonable income distribution system for the transformation of scientific and technological achievements. The law should adhere to the principle of giving consideration to contracts and balancing the interests of all parties, and establish a corresponding guarantee mechanism for individuals, departments and units that have made substantial contributions. Explore the establishment of a system of intellectual property rights for post scientific and technological achievements.

Sixth, guide and strengthen the management of intellectual property rights in Industry-University-Research cooperation. Improve Industry-University-Research's cooperation policy, and define the measures of intellectual property declaration, licensing, income distribution and management in the construction of patent pool or patent portfolio.

Seventh, improve the management system of state-owned assets. The evaluation of scientific and technological achievements and intellectual property rights should be allowed to fluctuate within a certain range without being regarded as the loss of state-owned assets. The competent department should check whether it follows the principle of giving priority to domestic industries or small and medium-sized enterprises in the record.

eight is to improve the scientific and technological evaluation system. Reform intellectual property evaluation policies such as science and technology plan, capability evaluation, organization identification and talent selection and use, and increase indicators of intellectual property quality and transformation and application, such as patent implementation rate, number and amount of licensing contracts, etc.

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