The intellectual property management model of European and American universities and its enlightenment

In the context of the marketization of intellectual property rights in universities, the acquisition, transfer and licensing of intellectual property rights are increasingly frequent, and it is necessary to improve and efficient The intellectual property management model has become the key to improving intellectual property management work and standardizing the market-oriented behavior of intellectual property in universities, and has become an important part of the management system of universities. The intellectual property management system of Chinese universities is in the early stages of development. The intellectual property management models of each university are different and there are many problems. By analyzing the current situation of the intellectual property management model of our country's colleges and universities, and on the basis of a comparative study of the intellectual property management models and experiences of European and American universities, we propose solutions to the problems existing in the intellectual property management model of our country's colleges and universities.

: 2i. Ship intellectual property management model in colleges and universities

With the large-scale development of industrialization and market economy. Colleges and universities serve as technological aircraft carriers with high technological innovation capabilities and market promotion capabilities. It is actively playing an important role in technological progress and human development. With the advent of the 21st century, the innovation capabilities and intellectual property protection awareness of my country's colleges and universities have entered a period of unprecedented development. Taking the number of patent applications as an example, as of 2008, the cumulative number of invention patent applications in my country's universities was 121,413if-, and the number of utility model applications was 43,756. The number of design applications was 11,977. The total number of applications for the three types of patents is 178,684. Since 1998, the number of patent applications filed by Chinese universities has been growing rapidly at a rate of no less than 5=20% per year. In 2008, the number of applications for three types of patents by Chinese universities was 45,145, an increase of 38% compared with 2007. Among them, the number of invention patent applications was 30,808, an increase of 33.9% compared with 2007. The number of utility model patent applications was 9,362. An increase of 46.8% compared with 2007. The number of design patent applications was 4,975. An increase of 50.7% compared with 2007." 1. The current market-oriented development of intellectual property rights in universities requires universities to establish a complete intellectual property management model and better manage the intangible capital of intellectual property.

1. my country Problems in the intellectual property management model of universities

In terms of the management model of intellectual property, since the intellectual property management of Chengguo universities has been integrated into the original administrative management system of the school only in recent years, some universities It is still in the process of establishing the system and management structure. At present, my country's intellectual property management has made some progress, but due to many constraints, there are still many problems and deficiencies that need further improvement.

(1) Intellectual property management institutions are not sound and there is a lack of intellectual property management professionals

Currently, the intellectual property management model of Wenguo’s colleges and universities is still in its infancy, with about 40% of the institutions currently in charge. Some universities still have not established a full-time institution for intellectual property management, and the affiliated management model is mainly based on form than substance; while in other universities that adopt independent management models (including centralized management models and decentralized management models), the centralized management model is too rough. Inadequate execution capabilities

It is difficult to implement the school's intellectual property policies into each department and scientific research unit, and the decentralized management model

is also fragmented. Poor, each department can be vague. Although there is an overall management structure, there is no organic management system, which leads to low work efficiency and poor operation. Personnel. Science and technology authorities tend to limit intellectual property management to the level of results management, and fail to conduct multi-faceted and comprehensive considerations on the generation of intellectual property, evaluation and licensing transformation, etc.” 1 Sometimes this can lead to serious problems such as the loss of intellectual property rights.

(2) The technology transfer work in Gao Zhu’s intellectual property management is not perfect

Technology transfer work has become an important part of the intellectual property management of international universities. However, the current intellectual property management model of universities in my country does not focus on technology transfer. Instead, the work is carried out around the number of papers, number of patent applications, professional title evaluation, application for various awards, etc. This resulted in a large number of technical results being disclosed through academic papers or academic conferences, and the opportunity to obtain intellectual property protection was lost. There are also problems in the technology transfer process: many technologies in universities do not reflect the value of intellectual property rights. And the cheap incidental technology is transferred as technology transfer.

(3=) There are problems with the technological achievements of universities in China

There are two problems with the technological achievements of universities in my country: “too high” and “too low”. "Excessive" can be divided into three aspects: First, it means that colleges and universities undertake a lot of theoretical research, and the technical achievements produced are mostly theory-oriented and have poor marketization conditions; second, it means that the technological research and development undertaken by colleges and universities are mostly high, precise, and Cutting edge technology. The enterprise's acceptance and transformation capabilities are insufficient. This causes difficulties in the implementation of such technologies; third, many research projects in universities are comprehensive technologies. Only Ziyao technology transfer personnel who are very familiar with the market. Only then can technologies suitable for industrialization be refined. The so-called "too low 1" mainly refers to the large turnover of personnel in R&D units of universities and the short project duration. It is very important to conduct continuous and in-depth research on a technology. It is precisely because our country's intellectual property system was established relatively late and the intellectual property management model is still in its infancy. At this stage, it is no longer able to meet the needs of my country's rapid economic development and the softball development of the world economy. Reforming the current intellectual property management model of universities has become a top priority. In this regard, the development and banquet of horizontal construction of intellectual property rights in economically developed countries has provided us with new ideas.

II. Intellectual property management models of universities in Europe and the United States

In recent years, the intellectual property management models of universities in Europe and the United States have focused on technology transfer. With technology transfer as the center, intellectual property management work has been further developed with technological progress, and the management scope has been further expanded. The intellectual property management model of European and American universities generally consists of three parts, namely, administrative decision-making agencies, The executive coordination agency and the on-campus dispute resolution agency (see circle 1 for details) are mainly responsible for formulating basic policies for intellectual property management. For example, Harvard University. /p>

The intellectual property management policy is formulated by the "Board of Trustees of Harvard University" and assumes the right to modify and interpret it. The University of California Board of Trustees authorizes the president to formulate and modify policies related to intellectual property [41]. It can be seen that the administrative decision-making body of the intellectual property management system is the highest investment organization of colleges and universities. As an intangible asset of colleges and universities, intellectual property rights are related to the development and comprehensive competitiveness of colleges and universities, and intellectual property management involves. The content is also very complicated, including the source and composition of funds needed for research and development, whether the research direction is forward-looking and in line with the development direction of the school. The proportion and method of technology transfer. Technology transfer and licensing and income. Issues such as the acquisition and distribution of intellectual property rights, whether they involve trade secrets, and the reward system for the units responsible for inventions and creations. The importance of intellectual property rights and the height of the policies involved determine that only the highest authority of the school can make decisions. In order to ensure the perfection of intellectual property policy formulation and reform and supervise the implementation of such policies, each institution of higher learning has also established policy supervision and advisory bodies. These institutions are independently established in the administrative management system of institutions of higher learning. The committee oversees the implementation of the intellectual property policy and provides suggestions for modifications and additions to the policy. For example, the Georgetown University in the United States is appointed by the president to establish an intellectual property committee. The committee members are composed of the vice president in charge of technology licensing, the school treasurer, and the branch. The legal affairs director and 11 teachers hold regular meetings and are responsible for providing consultation and suggestions on the formulation, reform and interpretation of intellectual property policies of colleges and universities. "1. The establishment and operation of these institutions ensure the objectivity and professionalism of intellectual property policies in colleges and universities. This ensures the sustainable development of university intellectual property policies. Through the policy supervision and advisory body, the board of directors of colleges and universities can obtain the actual work status of specific implementation departments, understand and timely update information on problems to be solved. As a result, more proactive and effective decisions can be made.

(2) Implementation coordination mechanism

The execution coordination mechanism is mainly responsible for implementing the intellectual property policies of colleges and universities. Since the implementation of intellectual property policies requires the cooperation of multiple departments, With table. Therefore this function is often undertaken by an independent agency. There are currently three main organizational forms of intellectual property policy implementation and enforcement mechanisms.

1 Organizational model of internal institutions The organizational model of internal institutions includes unified internal management mode and internal decentralized management mode.

(1) Built-in unified management mode.

Some colleges and universities have set up administrative agencies within their branches to conduct unified management of relevant intellectual property affairs. For example, the "Technology Licensing Office" set up within the Massachusetts Institute of Technology is directly led by the president or vice president of the responsible university that implements intellectual property policy functions. It consists of the Patent Affairs Office, the Trademark Affairs Office and the Copyright Affairs Office. The functions of these three departments almost cover the intellectual property affairs of the whole school. The advantage of this management model is that it is conducive to the uniformity of policy implementation; the disadvantage is that the size of the organization will change with the management it undertakes. The number of affairs increases and becomes larger and larger, thus increasing the administrative costs of universities.

(2) Internal decentralized management model. Many institutions of higher learning have more than one administrative agency on campus to handle patents, trademarks, and copyrights respectively. Management, for example, Brigham Young University has a "Technology Transfer Office" to handle patent applications, patent protection, patent transfer and licensing, etc. It also has a "Copyright Licensing Office" and a "Creative Works Office" to be responsible for the registration and protection of copyrights on campus. and transfer. This decentralized management model is not fundamentally different from the above-mentioned unified management model, but it can easily lead to a situation of individual management, which is not conducive to the coordination and unification of work. However, the internal organization is centered around ". "Technology transfer" is established. According to the "first to invent principle" of U.S. patent law, many universities require on-campus personnel to "declare" their inventions and creations to the corresponding departments of the school. If the school adopts a decentralized management model, then this type of The management agency should include corresponding departments such as application information management, technology evaluation management, technology licensing and transfer management, and income distribution management to systematically manage all aspects of technology transfer: review of the source of invention funds, explanation and classification of invention content, and invention experiments The advantage of this management is that the school can systematically and effectively manage the school's technological achievements, including the judgment and collection of verification, the management of patent applications, technology licensing or transfer management, and the distribution of technology transfer income. Effective and reasonable distribution and utilization of transferred proceeds. In view of the overlapping management authority of various departments in the specific implementation, colleges and universities can formulate targeted and specific operating regulations to enhance the coordination capabilities between various departments.

2. The peripheral institution management model includes the peripheral foundation management model and the peripheral company management model.

(1) These foundations are often managed by. Funded by university alumni and university directors, it is actually controlled and operated by the university, through which the university manages the university's intellectual property affairs. The "Wisconsin Alumni Foundation", established in 1925, is the representative of this type of university intellectual property. The ability of the decision-making department to control the foundation, the foundation's own operational capabilities, and the coordination ability of the foundation and relevant university departments are the prerequisites for this management model to function as it should. The advantage of this management model is that it utilizes the original resources. , reducing the internal administrative costs of the university, strengthening the professionalism and timeliness of management, and benefiting from the technological environment.

(2) The management model of peripheral companies is adopted by universities. The established research and development company with independent legal person status provides unified management of the intellectual property affairs of the school. A typical representative of this model is Cambridge Limited, a wholly-owned company established by the University of Cambridge15. The advantage of this management model is that the R&D company exists as an independent legal person. It has inherent advantages in commercial operations and is very conducive to the transfer and licensing of intellectual property rights.

3. Entrusting external professional company management model Some universities entrust independent commercial companies in the society to manage their intellectual property affairs. The most representative one is the American "College Licensing Company", which is a professional company engaged in trademark management and development. So far, more than 100 universities have entrusted it to manage the trademark transfer and licensing affairs of these universities. The greatest advantage of this model is that it integrates the most commercially efficient social resources and uses an existing business platform for technology transfer, which is far better than the situation where each university operates independently. Actually. The management model of peripheral institutions and entrusting external professional companies both places intellectual property management work outside the school. These two management models are the first choice for universities with active technology transfer.

Taking patents as an example, universities market their patented technologies through external licensing through the above-mentioned peripheral management agencies. Nearly 70% of the patent licensees of American universities are small and medium-sized enterprises, and many of these small and medium-sized enterprises are based on this Xincang II Company was established based on patented technology. Generally, during the technology licensing process, the university will give the licensee 3-6 months to conduct market feasibility surveys, raise funds and find partners. During this period Internally, peripheral management agencies can use their rich market resources to introduce venture capital to licensees, and even introduce partners to assist in technology transfer. In-school dispute resolution institutions: European and American universities have established dispute resolution institutions to deal with disputes arising from policy interpretation, ownership disputes, technology transfer or licensing awards, etc. that are bound to be involved in the implementation of intellectual property management within universities. The composition of this institution includes Two modes.

1. Institutions that also serve as dispute-handling functions. The policy supervision advisory committees of many universities also serve as the handling institutions for intellectual property disputes on campus. For example, Harvard University's "Intellectual Property Committee" also resolves disputes and disputes arising from policy interpretations. The agency that handles disputes is itself a consulting and suggestion unit for formulating policies, and its understanding of policies is better than that of other institutions.

2． Special Dispute Resolution Institutions Some universities have established specialized dispute resolution institutions. For example, at the University of Cambridge, the University Board of Trustees has established a "University Technical Arbitrator Panel" and appointed a chairperson. The chairperson will appoint an arbitrator to hear and make a ruling on submitted disputes. If the participating parties are dissatisfied with the arbitrator's arbitration, the participating parties may file a lawsuit. For appeals, the Dean of Academic Affairs and the Board of Directors will form a group of 3-4 people based on the specific circumstances to make a binding decision. The independence of specialized agencies ensures the objectivity and fairness of adjudication results, and also protects and promotes innovation and the establishment of 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. They have established complete administrative decision-making agencies, supervisory agencies, implementation coordination agencies and dispute resolution agencies, forming a complete management system. This has strong reference significance for Chinese universities with loose management systems. In addition, European and American universities

attach great importance to technology transfer in intellectual property management. In particular, internal implementation agencies are more conducive to universities with active technology transfer today. The degree of intellectual property marketization in European and American universities is much higher than that in China. Its management model of peripheral institutions and entrusted external professional companies can enhance the ability of universities to respond to market changes and broaden the sources of scientific research funding.

3. Thoughts on the intellectual property management model of colleges and universities in my country

Since the reform and opening up, my country’s intellectual property system has developed in an all-round way and achieved world-renowned achievements. Intellectual property capacity building has also received further attention. However, my country's intellectual property work, especially that of universities, is still in the initial stage of development, and the overall situation of intellectual property is not yet in line with the needs of the country's economic and social development. Comparative analysis of the intellectual property management models of European and American universities shows that there is still a large gap in intellectual property rights between our universities and colleges, and construction must be strengthened. In view of the existing problems in the intellectual property management model of universities in my country raised in this article, based on the analysis of the intellectual property management models of universities in developed countries in Europe and the United States (represented by the United Kingdom and the United States), the author believes that it is necessary to improve the current intellectual property rights management model of universities in my country. Management model, the top priority is to achieve the following points:

(1) Improve the intellectual property management work system of colleges and universities

Because the intellectual property management system of colleges and universities in my country is still in the initial stage of development, resulting in Due to the limitations of system and funding, the management of intellectual property institutions is unlikely to follow the example of foreign universities in establishing a complete set of intellectual property management systems, and the decentralized management model may exist for a long time. This requires a relatively "centralized" coordinating department to carry out planning and coordination. The author suggests that the staff of this department should have a clear division of labor, and the specific scope of responsibility of the staff should be divided according to departments. The staff should go deep into the front line and provide specific guidance on related work. At the same time, some specific tasks can be entrusted to peripheral departments. A professional company will be responsible for the hosting, but a specific contract must be signed to clarify the rights and obligations of both parties.

(2) Determine technology transfer as the focus of the intellectual property management model of universities in my country

At present, the intellectual property management model of universities in my country does not focus on technology transfer, but The main work content is to increase the number of patent applications or patent authorizations. This is determined by the assessment and evaluation system of the country and even the university itself. In the assessment system, the number of patent applications or authorizations is used to evaluate professional titles or obtain scientific and technological achievement awards. Main assessment indicators. This examination system has restricted the development of technology transformation, resulting in many problems in the early stages of the formation of technological achievements, including project topic selection, research and development direction, experimental stage, technology disclosure and patent application, and patent rights maintenance. For example, At the stage of topic selection and project establishment, emphasis is placed on theoretical research and less consideration is given to actual conditions and marketization factors; many patented technologies remain in the laboratory stage and are difficult to form industrialized. The government's investment in scientific research funds in universities is on the rise year by year, while enterprises and institutions Investments have stabilized but declined. Less than 30% of the scientific research funding of European and American universities comes from government investment, and the other 70% comes from donations from enterprises, research institutions themselves and the public. Therefore, vigorously improving the industrial transfer of technological achievements of universities is the main measure to increase investment in scientific research funds.

(4) Establish and improve the transfer and transformation platform of technological achievements in universities

In order to realize the transfer and transformation of the intellectual property rights of universities with patented technological achievements as the main body as soon as possible, they must first adapt to this kind of system in the system. It is necessary to establish and improve the transfer and transformation platform of technological achievements in universities and integrate this platform with the R&D centers of enterprises, so that universities can establish an organic connection with enterprise R&D in research and development. At present, the country has established national technology transfer centers1 in 7 universities. These national technology transfer centers have formed technology transfer platforms with their own advantages and expertise. Universities across the country can conduct a wide range of technology transfer through these platforms. Develop, promote and incubate activities.