公共研发与私人转化:职务科技成果赋权改革的制度逻辑与规范边界OA

The reform of empowerment concerning job-related scientific and technological achievement is an important institutional exploration or practice led by China to facilitate the private commercialization of public R&D,which primarily entails the reallocation or redistribution of intellectual property.Guided by the market-oriented reform of the mechanism for commercializing scientific and technological achievements,and aiming to break free from the inertia and constraints of traditional administrative management of such achievements,particularly in alignment with the objective reality of the separation between ownership and intellectual property rights,the reform on empowering researchers with rights of job-related scientific and technological achievements should return to a framework that treats intellectual property as a fundamental civil right.However,unlike intellectual property rights in privately funded R&D,which are designed to incentivize innovation ex ante,granting private parties intellectual property rights arising from publicly funded R&D aims to incentivize commercialization ex post.Given that fully exclusive intellectual property rights are not a necessary condition for the commercialization of job-related scientific and technological achievements,China should adopt non-exclusivity as the fundamental principle for intellectual property licensing.Furthermore,for publicly funded research whose outcomes possess such significant public importance that even non-exclusive licensing is unnecessary,China should implement open copyright licensing of intellectual property.This would maximize the reform objective of enhancing overall social welfare by enabling privately commercializing of publicly funded research.