National Intellectual Property Administration: Intensify efforts to solve the problem of intellectual property transfer and transformation

At the regular briefing on the State Council's policies held by the State Council Information Office on the 1st, Shen Changyu, Director of the National Intellectual Property Administration, emphasized when introducing the "14th Five-Year Plan for National Intellectual Property Protection and Utilization" (hereinafter referred to as the "Plan") that the "Plan" further promotes the reform of the distribution of state-owned intellectual property rights and interests, improves the intangible assets evaluation system, fully empowers universities and research institutes to dispose of intellectual property rights, promotes the establishment of an intellectual property transformation income distribution mechanism with equal rights and obligations, and improves the decision-making mechanism for the transfer and transformation of intellectual property rights of state-owned enterprises and institutions. A series of important arrangements have been made. The National Intellectual Property Administration will continue to implement and deepen the work on the basis of various previous tasks, and make greater efforts to solve the problem of intellectual property transfer and transformation.

Shen Changyu said that during the 14th Five-Year Plan period, the key to improving the effectiveness of intellectual property transfer and transformation is to solve the problem of "not wanting to transfer" and "not being able to transfer" by innovation entities and market entities. In recent years, the problem of low patent implementation rate in universities and research institutions has been more prominent, and one of the important reasons is the lack of willingness to transform and institutional constraints. Promoting the reform of intellectual property rights distribution is an important way to stimulate the endogenous driving force of intellectual property transfer and transformation, and it is also an important aspect of deepening reform and innovation in the field of intellectual property during the 14th Five-Year Plan period. Therefore, the "Plan" regards this reform as the focus of intellectual property transfer and transformation.

"Recently, we have actively promoted the reform of intellectual property rights distribution from the following three aspects." Shen Changyu said, first, promote legislative empowerment. Articles 6 and 15 of the new Patent Law, which came into effect on June 1 this year, respectively added the provisions that "units can dispose of their rights and patent rights to apply for patents for their work inventions and creations in accordance with the law" and "the state encourages units granted patent rights to implement property rights incentives", which fully grant universities and scientific research units the autonomy to dispose of intellectual property rights and promote the implementation and use of patents. The second is to strengthen policy guidance. "We have successively issued a series of policy documents to promote the high-quality development of intellectual property rights of universities, scientific research organizations, and central enterprises in conjunction with the Ministry of Education, the Ministry of Science and Technology, the State-owned Assets Supervision and Administration Commission and other departments, and encouraged the improvement of the intellectual property transformation income distribution mechanism." Shen Changyu said that the Intellectual Property Office, together with relevant departments, formulated and issued the "Guidelines for the Formulation of Intellectual Property-Related Clauses in Industry-University-Research Cooperation Agreements" to guide the clarification of the ownership and disposal of intellectual property rights produced by cooperation, and promote R&D cooperation and rights sharing. The third is to carry out pilot demonstrations. The Intellectual Property Office, together with the Ministry of Education, has carried out the construction of national intellectual property pilot demonstration universities. The first batch of 110 pilot demonstration universities, including Tsinghua University, have been selected to promote these schools to take the lead in the reform of intellectual property rights distribution and further improve the distribution policy and incentive mechanism. At the same time, it also cooperates with the Ministry of Science and Technology and other departments to carry out pilot work to grant scientific research personnel ownership or long-term use rights of their scientific and technological achievements, and explore effective experience in empowerment reform.