关键词: 科研人员, 职务科技成果, 混合所有权, 成果转化, 法律对策

Abstract:

In recent years, in order to accelerate the transformation of scientific and technological achievements into productivity, the state has issued a series of policy documents, which clearly put forward that it is necessary to explore the ownership or long-term right used in scientific and technological achievements. However, the laws and regulations on the transformation of scientific and technological achievements, the Science and Technology Progress Law, and the Contract Law stipulate that the ownership of scientific and technological achievements belongs to institutions. The transformation must be carried out without changing the ownership of these achievements. In some areas, although the law has not been revised, the pilot reform of mixed ownership of scientific and technological achievements has been carried out in accordance with national policies. Therefore, in accordance with the provisions of "Major reforms must be based on the law", we should speed up the revision of relevant laws, reconstruct the common rights of scientific and technological achievements, and make a good legislative interpretation of relevant provisions; at the same time, agreement transfer provides an important way to solve the legal obstacles faced by the reform of the ownership of scientific and technological achievements.

Key words: scientific research personnel, scientific and technological achievements, mixed ownership, The transformation of Scientific and Technological Achievement, Legal Countermeasures