Subjects: Statistics >> Social Statistics submitted time 2024-05-18 Cooperative journals: 《中国科学院院刊》
Abstract： Intellectual property security is the main battlefield of national security, and strengthening intellectual property security review is an important measure to protect national security and improve intellectual property security protection in the field of intellectual property. In the new era, the security review mechanism of intellectual property rights transfer and its implementation are facing double pressures worldwide, which need to be further adjusted and improved. This study analyzes the institutional games and challenges brought about by the changes in the international situation of intellectual property rights transfer, clarifies the requirements of the current overall national security concept and the strategy of self-reliance and self-reliance in science and technology for intellectual property rights transfer, sorts out many problems existing in the security review mechanism and specific implementation of intellectual property rights transfer, and puts forward the optimization ideas for improving the security review system and implementing the system. In theory, the institutional dilemma of the security review mechanism of intellectual property rights transfer abroad is clarified, which can provide research reference for the security review of intellectual property rights transfer in China in practice.
Subjects: Other Disciplines >> Synthetic discipline submitted time 2023-03-28 Cooperative journals: 《中国科学院院刊》
Abstract： Protection of algorithm by intellectual property is a powerful way to stimulate innovation and regulate the risk of the algorithm. Algorithm that can be protected by intellectual property right is the program algorithm, which is compiled in computer language, in the form of coded instruction sequence, run by the computer and produce independent rational value results. The article is combed out that there are drawbacks to the traditional path of IP to protect program algorithms: it has conflict between program algorithm and copyright law system; the trade secret path is at odds with program algorithmic governance; and program algorithm can hardly be identified as method invention and cannot apply the rule of method invention right. The article proposes it is the optimal approach of program algorithm intellectual property protection in intelligent society that, to construct the new program algorithm quasi patent right, with reference to the concept of quasi-patent right such as regulatory exclusive right, and to design the public review system, the equivalent infringement doctrine, the hierarchical protection period system, based on the technical characteristics of the algorithm itself.
Subjects: Other Disciplines >> Synthetic discipline submitted time 2023-03-28 Cooperative journals: 《中国科学院院刊》
Abstract： For a long time, Bayh-Dole Act has been regarded as a successful policy paradigm to solve the commercialization of public R&D. However, due to the differences in legal system background between China and the United States, there are some widespread misunderstandings about Bayh-Dole Act. Facing the complicated and changeable situation of Sino-US economic and trade friction and the realistic challenge that China’s reform of the system of technology transfer has entered the deep water area, it is urgent to clarify comprehensively and systematically the rules and mechanisms of Bayh-Dole Act from three aspects: legal nature, reform and the institutional boundary, so as to properly deal with Sino-US economic and trade conflicts.
Subjects: Other Disciplines >> Synthetic discipline submitted time 2023-03-28 Cooperative journals: 《中国科学院院刊》
Abstract： Empowering Scientists to retain ownership or long-term access rights of government-funded research & development outputs (R&D outputs), is a key exploration and reform for China’s central government to promote the market mechanism’s decisive role in allocating innovation resources. As a result of the public ownership-based economic and social system, how to properly coordinate the relationship between the state, the collectives and the individuals will inevitably become the core issue in China’s reform on the ownership rights of R&D outputs. By reviewing the institutional changes and reform process on the ownership policy of government-funded R&D outputs in China, this paper clarifies the institutional implications of public ownership, institutional ownership and intellectual property rights of R&D outputs, tries to explore the reform experience and institutional rules of the ownership policy of government-funded R&D outputs, and calls for a conceptual consensus to promote the future ownership policy reform on government#2;funded R&D outputs.
Subjects: Other Disciplines >> Synthetic discipline submitted time 2023-03-28 Cooperative journals: 《中国科学院院刊》
Abstract： The occurrence and rapid outbreak of COVID-19 epidemic, has posed severe challenges to China’s current public health emergency legal system with the Infectious Diseases Prevention Law and Regulations on Emergency Response to Public Health Emergencies as the core. The obvious shortcomings and deficiencies are exposed in the aspects of Emerging Infectious Diseases (EID) prevention, authority allocation difference on disease control and emergency response, public information disclosure and the legality of emergency measures. According to the needs of epidemic prevention and control, it is urgent to declare a State of Emergency in Wuhan and other local areas, and to improve the prevention and control system for EID in the follow-up legislation, so as to establish a regular legal mechanism for public health early warning and safeguard the public rights to know.
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