In an economic era characterized by the explosion of scientific knowledge and accelerated technological progress, innovation and the cultivation of innovative talents are profoundly affecting the future and destiny of the country and nation. The following is the relevant information about the articles about scientific and technological knowledge that I have carefully compiled. I hope it will be helpful to you! Article 1 about scientific and technological knowledge
In recent years, the continuous enhancement of intellectual property awareness has promoted the integration of science and technology with the times. Keep pace with progress, continue to innovate, and continuously develop new scientific and technological achievements. On the other hand, it also enhances scientific and technological interaction and exchanges between my country and foreign countries. Relevant laws and regulations in our country are also constantly improving. In our country, a country that speaks by the rule of law, the protection of intellectual property rights has conformed to the development of the times and has become the "main force" in building a legal society in our country. Our country continues to improve relevant laws and regulations, strengthen international exchange and cooperation in intellectual property rights.
Because some scientific researchers do not pay enough attention to the protection of intellectual property rights, in recent years, more and more disputes over intellectual property rights have occurred during the transformation and application of results, which also poses new challenges to science and technology managers. According to the requirements, it is necessary to strengthen the understanding of relevant laws and regulations such as the Patent Law, Contract Law, and Scientific and Technological Achievements Transformation Law, so as to provide certain help in promoting the legalization and standardization of scientific and technological activities.
2 Protection of intellectual property rights in scientific and technological achievements transactions
2.1 Definition of patent rights for scientific and technological achievements
According to my country's "Patent Law" and its "Implementing Rules", " According to the Technology Contract Law and other relevant provisions, units have the right to use and dispose of job technical achievements, and can sign technology contracts based on actual needs based on the content of the achievements. The scientific research projects or duties performed by on-the-job scientific researchers are job-related work. The "Law on Promoting the Transformation of Scientific and Technological Achievements" also stipulates that scientific researchers cannot transfer their job scientific and technological achievements to other people or units alone or in disguised form.
In order to avoid causing huge losses to state-owned intangible assets, job results cannot be transferred to third parties as personal proprietary technologies. This is against the professional ethics of science and technology workers and is also an obvious fraud. It will definitely be condemned by public opinion and punished by law.
2.2 Issues that should be paid attention to when trading scientific and technological achievements
2.2.1 Definition of patent rights
Before negotiating the transaction of scientific and technological achievements, one should carefully understand the actual situation of the technical subject matter in detail. It is also necessary to carry out relevant patent and literature searches to reduce unnecessary repeated research as much as possible, obtain more valuable technical results, and avoid being deceived.
In the actual operation process, you must clearly understand the patent ownership to effectively avoid infringement of intellectual property rights. The transaction process of scientific and technological achievements is characterized by complexity, high investment, and high risk. Therefore, it is necessary to combine the actual situation in the transformation process and follow the principle of agreed priority. be reflected in the signed contract.
2.2.2 Clarify the responsibilities, rights and interests
In the scientific and technological achievements transformation transaction, the two parties cooperate with the scientific and technological achievements as shares and cash investment, and this must be clearly stated in the signed contract. their respective responsibilities and rights. The equity interests of all parties to the cooperation are the form in which their interests are reflected and also the core. The Contract Law stipulates that contracts are divided into oral and written contracts. The text of the contract should be standardized, and the distribution of shares should be in accordance with the agreement of the parties signing the contract. The value of the technical achievements of the capital investment should be reasonably evaluated. If the technical achievements of the transaction are not carefully evaluated, it may cause some troubles during the specific operation process, and even cause economic losses, wasting the time and energy of both parties. Affect the normal performance of the transaction contract.
In the evaluation of scientific and technological achievements, it mainly analyzes and evaluates technological advancement, creativity, practicality and other aspects, and determines appropriate research projects to carry out based on whether they meet market demand, with more emphasis on Considerations such as economics and benefit analysis.
The process of transformation of scientific and technological achievements is a technical and professional transaction negotiation. It is necessary to be clear about the ownership of technology, strictly review the ownership materials of technical achievements provided, and carefully distinguish whether they are job achievements or non-job achievements. , the job results must not be regarded as non-job results to avoid ownership disputes in the future during the execution of the contract.
3 Some suggestions on the protection of intellectual property rights in scientific and technological cooperation
There are five suggestions on the protection of intellectual property rights in scientific and technological cooperation: First, reasonably rely on laws and regulations, arbitration, and administrative Manage and resolve disputes in scientific and technological achievements transactions. In the transaction of scientific and technological achievements, disputes are inevitable. If the two parties cannot reach an agreement to resolve the matter, they will need to be resolved through administrative mediation, arbitration, court judgment, etc. Therefore, the responsibilities of both parties and dispute resolution methods must be clearly stated in the contract.
Second, before signing a scientific and technological achievements trading contract, it is necessary to carefully search relevant patent documents, understand the background of the technology holder in detail, and try to avoid trading publicly known technologies as new achievements to reduce possible disputes in the future.
Third, the signed science and technology contract must be standardized, defining and clarifying the responsibilities and rights of each party. The development of scientific and technological cooperation should strictly abide by the "Contract Law" and other legal provisions, and the signing of scientific and technological contracts should be standardized. Ownership, technology equity shares, and the rights and obligations of both parties should be clear in the contract, especially the validity period of the contract and the way to handle disputes. In addition, the legality of the contract subject should be strictly reviewed. If it is difficult to determine for some reasons at the time, it is best to state in the contract that the signatory who provides the technology will bear the relevant responsibilities, and the follow-up research to be carried out in the future should be clearly stated.
The fourth is to pay more attention to state-owned intangible assets and avoid the loss of state-owned intangible assets. The scientific and technological community attaches great importance to the issue of the loss of state-owned intangible assets. Relevant national laws also stipulate that state-owned property is sacred and inviolable, and the boundaries between official and non-official positions are clearly defined in the law. All universities and scientific research institutions must not only provide necessary legal education to scientific research and technical personnel, but also constantly improve the scientific research management system. In addition to complying with confidentiality agreements, on-the-job scientific research and technical personnel must keep the scientific research they are engaged in when they retire or when their jobs are transferred. The project results are clearly handed over, and corresponding handling measures are formulated to minimize the loss of intangible assets as much as possible.
Fifth, scientific and technological development cooperation is highly professional. Litigation agents and patent attorneys should constantly understand the characteristics of scientific and technological cooperation and skillfully apply relevant scientific and technological laws and regulations. Technology transformation is characterized by complexity, high investment, and high risks. For scientific research management workers, they must not only understand management knowledge, but also be familiar with relevant scientific and technological expertise, and must continue to learn and master it to protect the legitimate rights and interests of the rights holders of technological achievements.
Conclusion
Intellectual property rights are of great significance to enhancing the economic strength of enterprises and can bring obvious economic benefits to enterprises. Only by attaching importance to scientific research and constantly developing their own intellectual property achievements can enterprises improve their market competitiveness. More and more companies are gradually realizing the important role of technological achievements, an intangible property, in promoting enterprise development, which requires reasonable protection of intellectual property rights.
With the continuous advancement of science and technology, more and more scientific and technological achievements will be applied to all walks of life, thereby promoting the transaction of scientific and technological achievements, which puts forward more specific requirements for the protection of intellectual property rights. Intellectual property protection must not only protect the intellectual achievements of the rights holders of scientific and technological achievements, but also fully mobilize the enthusiasm of scientific and technological talents to engage in scientific research. Only timely and comprehensive protection of the scientific and technological achievements and legal rights of right holders will enable scientific researchers to continuously improve their creativity and develop more technological achievements with more application value, make the allocation of social resources more reasonable, and promote the rapid development of science and technology. develop.
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