赋权改革背景下,科研人员取得了职务科技成果共有权,赋权式共有的特殊性使共有关系呈现派生共有、双重共有以及公私混合共有等多样态.共有关系的复杂性为科研人员、单位乃至国家带来诸多的风险,但目前少有专门针对共有权行使的风险分析与防控研究.从共有关系入手,分析职务科技成果权利行使过程中所面临六大风险,并提出事前以政策兜底、实现权属自治,事中加强协同防范、实现动态监测,事后做到利益平衡、实现责任共担的防控建议,加快建立全阶段、全流程的风险防控机制.
[Purposes] Based on digital technology enabling, this paper constructs the value chain of knowledge dissemination of academic journals to provide theoretical references for promoting the transformation and upgrading of academic journals. [Methods] Based on the existing research, the value chain of knowledge dissemination of academic journals was adjusted combined with the "2-3-6" model, and the value chain of knowledge dissemination in academic journals was systematically analyzed from three aspects of content, channels, and value-added services. The value chain structure model of knowledge dissemination in academic journals in the digital age was constructed. [Findings] The iterative update of digital technology has provided new ideas for the construction of the value chain of knowledge dissemination in academic journals. The content chain(processing and multi-dimensional presentation) can be regarded as a process of value creation from content production to content marketing, the facility chain(boundary elimination and integration and symbiosis) can realize the integration and symbiosis of internal and external communication environment of academic journals, and the value-added service chain(experience value and interaction effect) improves the service quality of academic journals from user needs, knowledge product development, reproduction, application, feedback, etc. [Conclusions] Under the background of digital age, academic journals should examine the opportunities and challenges behind communication with rational logical thinking and perceptual cognitive experience, and continuously optimize the value chain of knowledge dissemination in academic journals to enhance the effectiveness of knowledge dissemination in academic journals.
"首例反向支付协议审查案"的落槌,标志着药品专利反向支付协议的涉垄断问题正式进入我国有关部门的视野.然而,任何单一的分析模式均难以准确识别药品专利反向支付协议的违法性,占据主流的合理原则概莫能外.最高人民法院在该案中运用的混合分析模式兼具可塑性和确定性,有望成为我国规制药品专利反向支付协议的新范式.鉴于此,本文从最高人民法院的审理思路出发,梳理了该模式在效果分析、效力审查和豁免条款方面的难点,并依据药品专利反向支付协议的特性和我国知识产权反垄断领域的规则提出了矫正和完善的建议.
Punitive damages for intellectual property is a civil compensation system that imposes excessive com-pensation for the infringement of intellectual property to achieve such functions as punishment.The method of pu-nitive damages for intellectual property in China has been basically established,but there are still many problems with judicial application.Firstly,it is difficult to calculate the base of damages,and the applicable proportion of legal compensation is too high.To determine the bottom of injuries,we should abandon the idea of directly apply-ing for statutory compensation due to inaccurate base calculation or adopting the multi-factor estimation rules.Secondly,the factors for determining the multiple of compensation are messy and lack levels and standards.The multiple determination element is actually a secondary consideration of subjective and objective elements and needs to be determined gradually by classification and grading.Subjective and objective elements should be inte-grated:Introduces the concept of malice in the subjective aspect to determine the basic interval and then refine the interval of the multiple according to the objective circumstances.
数字环境对合理使用的开放性提出了更高的要求,我国法院参考美国转换性使用标准的判决对合理使用的封闭体系产生冲击,美国转换性使用的司法实践经历了从混乱扩张到理性回归的转型,其丰富的司法实践对我国转换性使用的本土化具有借鉴意义.转换性使用的适用可从技术发展引发的司法治理困境、提升经济效率,以及本土版权法价值目标三个方面进行理论证成.立法上需要确立开放式的合理使用一般规范,司法上需要建立综合权重判断体系.新《著作权法》增设的兜底式条款为突破现有框架的封闭性提供了途径,在短期内再修法可能性较低的情况下,讨论转换性使用与兜底条款的衔接不仅有现实紧迫性.也同时为开放式一般规范的确立提供指导.
The Technology and Innovation Support Center(TISC)is a cooperative and co-constructed organization of the World Intellectual Property Organization and the National Intellectual Property Administration of the Peo-ple's Republic of China.TISC institutions are spreading rapidly in China and other places,which has produced many rights and obligations in the process of development,but the legal position of TISC itself is still unclear.It is not clear whether legal person or unincorporated organization rules apply to TISC,and there are many ques-tions about its internal organization.Outstanding problems include whether a governing body and supervisory body are necessary and how to construct them,and how the executive body should make decisions and arrange-ments and connect with the outside world.This study concludes that in the long run,TISC can better show the in-trinsic value of providing professional intellectual property services if it is considered a non-profit legal person and is incorporated into the regulation of social service institutions.Doing so will better promote the application of regional intellectual property rights and service regional innovation and development.
With the continuous development of the economy and society and the continuous improvement of the ef-ficiency of resource utilization,the status of non-traditional trademarks in the intellectual property system has also been improved.However,when an application for trademark registration is made,whether the trademark is traditional or not,the trademark administration department will focus on examining whether it has distinctive-ness.Nowadays,different countries and regions have different theories and legal norms for the recognition and ex-amination of trademark distinctiveness,but there is gradual convergence overall,and China has also constantly learned from the experience of other countries in the examination rules of trademark saliency.Starting with the current domestic legal rules on the recognition of trademark significance,this paper analyzes the status quo and existing shortcomings of the registration and determination rules of sound trademarks,and provides relevant sug-gestions for the improvement of the examination rules of the distinctiveness of sound trademarks in China.
通过查阅美国的法律法规、FDA指南文件和实施准则、新闻报道和国内外文献,本文深入分析尝试权法案的产生背景、内容体系、引发的社会争议及其对已有扩大使用制度的重要突破,为我国相关制度规范的设计和创新提供借鉴.尝试权法案虽然强调放松监管、简化程序和相对风险控制,但更为重要的是拓宽了危重患者的选择权.立足中国国情,我们需全面衡量并审慎推进相关制度规范的引入和建设.
以2008-2017年A股上市公司为研究对象,用三阶段DEA模型从技术研发和转化两个阶段测度企业创新效率并分析其与高管海外经历的关系.结果表明,高管海外经历能提高企业创新效率,且不同学历层次和专业背景对企业创新效率影响具有明显差异.进一步研究国有属性和风投注资视角下的影响差异,发现相较于非国有企业,具有海外经历的高管在国有企业任职更能发挥对技术创新的促进效应;在有风险投资进入时,具有经管专业背景的高管更能发挥自身优势,促进企业技术创新.
论文通过探究融媒体环境下用户持续阅读意愿的影响因素,帮助用户进行有效阅读,为全民阅读的推广起到一定指导作用.论文基于社会临场理论、技术接受模型和动机理论,构建了融媒体环境下用户持续阅读意愿的影响因素模型,运用问卷调查法,对搜集获得的431份有效样本数据进行实证分析.研究结果表明,认知临场感、情感临场感、感知有用性、感知易用性、感知娱乐性、使用态度均对用户持续阅读意愿产生显著影响.最后,为提升用户阅读意愿提出对策建议.
This paper researches the application prospect and promotion value of winter tea. The research status of tea polysaccharides, tea polyphenols and catechins, the main constituents of winter tea, were analyzed. In addition, the economic value and social benefit value of winter tea were analyzed. The results show that winter tea can be used as a raw material for extracting tea polysaccharides for the production and R & D of basic substances for the healthy foods and medicines for lower blood sugar, blood lipids, increase immunity and delay aging; winter tea also has broad application prospects and value in biopharmaceuticals, skin care products and food; winter tea can increase the production and income of tea farmers and tea companies. Responding to the Chinese government’s strategy to fight poverty, “cold bubble” winter tea is suitable for the consumption habits of young people and residents of countries along the “Belt and Road”. Therefore, winter tea has higher application and promotion value.
This paper mainly explores the relationship between Chinese tea technology and world tea industry by discussing the influence and function of Chinese tea technology on Chinese tea industry. And it is concluded that the Chinese tea technology has given birth to the world tea industry; the world tea industry has continuously developed on the basis of Chinese technology, and has achieved the prosperity of the world tea industry.
The transformation of scientific and technological achievements is the terminal chain of the whole innovation value chain. Converting scientific and technological achievements into realistic productivity is advantageous to realize the effective integration of science and technology with economy. The policy of transformation of scientific and technological influences the development and core competitiveness of local industries to varying degrees. In this paper, the analysis of policy statistics and multi-dimension are introduced into the research on the transformation of scientific and technological achievements in Anhui Province. Based on the sample of 101 scientific and technological achievements conversion policies from 2001 to 2018 in Anhui Province, this paper analyzes the time distribution, policy types, layout of policy-making subjects, and the use of different types of policy tools. Finally, through the above analysis, summarizing the problems existing in Anhui Province’s scientific and technological achievements transformation policy and carrying out further reflections, in order to provide reference for the optimization and improvement of Anhui’s scientific and technological achievements conversion policy in the future.
Based on the summary of the dissemination and management status of virtual reality book publications, this article builds a dissemination industry ecosystem of the virtual reality book publications with the core of IP operation, and also expounds the relationship among stakeholders in the ecosystem. Finally, this article discusses the dissemination path of virtual reality book publications in details from three aspects of marketing integration, IP operation and organization integration.
Intellectual property operation platform serves as an important bridge between promoting and realizing the value of intellectual property. And the construction and improvement of it holds the key to improve the level of intellectual property application and implement Chinese IPR strategy. Moreover, the coming of “Internet +” era creates a favorable environment for intellectual property operation platforms. The purpose of this paper is to explore how to build an intellectual property rights operation platform which has overall function under the background of “Internet +”, then to create a “one-stop” solution for intellectual property operation under demand orientation. The second step is to strengthen the external linkage between intellectual property operation platform and other platforms to integrate resources. The third step is to design the internal business module of intellectual property operation platform, emphasize the compatibility of different subjects’ interest in the platform and avoid the technical, legal and economic risks in the construction process of intellectual property operation platform.
Agriculture is the basic industry of our country, which plays an important role in the food security and social stability of China. As the implementation of China’s strategy of innovation-driven development, the number of agricultural intellectual property application in China has been gradually increasing, the R & D ability of agricultural research has been improved. However, the work of agricultural technology transform has been not going well, lots of agricultural patents have been put on hold, which can’t create economic value and social benefits. Thus this paper explores that what affect the performance of technology transformation, and how allocate the resource reasonably to improve the benefits of technology transformation. We collected data from the statistics of universities’ technology, using the agricultural technology data to examine the relationship between funding input, researchers, technology transfer service people and some other resources and the performance, such as paper, patent and economic benefits. This paper concludes that the researchers and technology transfer service people play an important role in technology transformation, and different research types also lead to different outputs, which could give guidance for resource allocation and making policy.
In the coming Micro-Communication era, many Sci-Tech periodicals have successively registered WeChat Official Accounts and then how to objectively evaluate the communication effects of the WeChat Official Accounts of Sci-Tech periodicals becomes the biggest concern at present. This thesis analyzed the existing communication effect evaluation system of WeChat Official Accounts of Sci-Tech periodicals and its problems, and put forward the following improving strategies: re-building a new evaluation system of WeChat communication effect of Sci-Tech periodicals via the selection of evaluation indexes, the division of assessment index weight and the calculation method of evaluation index, then testing the reliability and efficiency of the new evaluation system, and finally putting forward the corresponding policy recommendations.
长江经济带是我国重要的内河经济带,协调东中西部共同发展,但沿江省份产业层次不同,创新能力存在差异.科技企业孵化器能够通过聚集人才、资金、技术等资源,培养创新主体,降低成果转化风险,助推中小企业创业.借助三阶段DEA方法,通过剔除影响孵化器的环境因素和随机误差,分析长江经济带科技企业孵化器效率.结果表明:孵化器效率受到环境因素的影响,规模效率处于有利环境中,纯技术效率面临不利环境;长江经济带孵化器效率呈现波动下降的趋势;整体效率不高,区域差异显著;企业型孵化器效率高于事业单位型孵化器效率.
For knowing the present status and development trends of unmanned aerial vehicle (UAV) in China, the paper uses patent analysis method to carry out quantitative and qualitative research based on technology life cycle theory.The research concludes that China's UAV technology has been in the period of growth stage with large development potential and an increasingly number of technology fields are springing up.But some problems, such as low percentage of invention patent, single type of innovation subject, weakness of innovation ability and imbalance in development of different region, still exist.In order to promote the equalization, standardization and internationalization of UAV industry, the paper puts forward some recommendations.
With the development of the knowledge economy, the intellectual property is more and more important. The intellectual property is the core lifeline of an enterprise. High-tech SMEs owe the independent intellectual property rights, but they have financing problems. How to use intellectual property to invest and finance will be the focus of future development of high-tech SMEs. This paper will focus on the characteristics of intellectual property for investment and financing, the development paths and put forward in the course of management and policy innovation of investment and financing.