The results of defense knowledge are intellectual labor results based on national defense purposes，The right to dominate national defense intellectual labor is called national defense intellectual property right。National Defense Intellectual Property Rights include the rights characteristics of general civil intellectual property rights，And military right attributes based on national defense characteristics，Complex complicated than the concept of civil intellectual property rights。Previous，Due to the lack of general cognitive caliber and standard，Cognitive confusion in the field of defense intellectual property rights，Management costs are high。Scientifically sort out the types of rights in the achievements of national defense knowledge，Create a unified、Standard national defense intellectual property classification system，The belonging to clearing different rights，"Ding Du Tu Du" national defense intellectual property right，Mobilize the enthusiasm of scientific research units and production departments，Promoting national defense scientific and technological innovation，Efficient implementation of national defense intellectual property strategies is important。

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In our country，Theoretically, the rights and objects of defense knowledge are mainly divided into technical secrets、Patented technology、Technical information、Computer software、Integrated circuit cloth design、National Defense Works、Defense trademark、Defense logo and national defense credibility。Power and energy methods are Bet365 lotto review mainly divided into confidentiality rights、Occupation、Use right、Income right、punishment right (transfer right、Intervention right、pledge right、Trading rights, etc.)、Signature right、Published right、Discover right、Development right、right to collect、Require right、Frozen power、Privilege, etc.。

In terms of legislative and policy practice，The rights object of the achievements of national defense knowledge are divided into national defense technology achievements、National Defense Patent、Invention patent、Technical Secret、Computer software、Computer cloth design、Defense Brand、National Defense Logo、New plant varieties, etc.。Power and energy methods are Bet365 lotto review mainly divided into confidentiality rights、ownership、Occupation、Holding right、Use right、Income right、punishment right、Application right、Signature right、Modify right、Protection of complete rights、Copy right、Rental rights、Issuing right、Exhibition rights、Screening right、Performance right、Communication rights、Right to make system、Adapted rights、Editing right、Translation rights and transfer rights (limited or infinite)、The right to collect for collection、Application right、Patent rights、Privilege、Implementation rights (exclusive may be available)、Label right、Abandoned Right、Exhibition rights, etc.。The above practice and legislative classification are mainly scattered in the "National Defense Law", "National Defense Mobilization Law", "Conservative State Secret Law", "Science and Technology Progress Law", "Patent Law", "Trademark Law", "Copyright Law", "Property Law", "National Defense Patent Patent" The Regulations "" Regulations on the PLA "and the Ministry of Science and Technology、Department of Industry and Information Technology、In some policy documents of the original Total Equipment Department。

It can be seen from the above right classification，The rights object on the achievements of national defense knowledge is diverse，Is a "beam"，Not one; the power on each type of rights is also complex，Is a "bag"，Not a。And the two can be superimposed in multiple dimensions，arrangement combination，The "right package" nature that shows the results of national defense knowledge is a concrete manifestation of the complexity of national defense intellectual property rights。

Under market economy conditions，A sense of rights and rights to present refined characteristics。Different national defense scientific research activities advocate different rights on different rights objects，If the army usually advocates technical secrets、Patented technology、Computer software、Confidentiality rights in technical information、Occupation、Use right; R & D unit usually advocates patent technology、Computer software、The right to use in technical information、Patent rights、Income right、Transfer right, etc.。This requires clarification of the rights classification of national defense knowledge，Especially clarified rights classification，Terms of the defense contract，Make the main body of national defense intellectual labor clarify your rights and exercise paths。Only this，can ensure the security of defense secrets，and fully mobilize the innovation bet365 best casino games enthusiasm of the R & D main body，Promoting the progress of national defense technology，Improve the combat power of the troops。

　Rights list of rights export rights in accordance with national defense intellectual property strategy

According to the current law、Policy practice and defense intellectual property strategy needs，Rights list on the achievements of national defense knowledge can not be too simple、General，Otherwise, it cannot meet the diversified needs of rights claims; at the same time, it cannot be too complicated，Otherwise, it is not convenient to operate and legislative practice。According to human cognitive laws and gold segmentation rates，Combined with the current level of cognition and degree of recognition，The rights objects in the rights beam generally do not exceed 5 kinds，The rights in the right package generally do not exceed 7 kinds。Therefore，The rights object on the achievements of design defense knowledge is technical secret、Patented technology、Computer software、Technical information、Five types of national defense works (then expand to national defense trademark when necessary、Defense logo and national defense reputation);、Occupation、Use right、Income right、punishment right、Transfer right、7 types of acquisition rights。

Among them, the 7 rights in the right package can distinguish the following:

1. National Defense Knowledge Confidentiality: Refers to controlling the right to control the information of the defense secrets within a certain range。Forbidden、Restrictions and knowing that secret information has an extremely important role in maintaining military security。The right to confidentiality is a governance right。The confidentiality right of defense knowledge is divided into the right of confidentiality at the level of confidentiality、Confidential confidential right、Secret confidentiality right。Different power borders of different levels of national defense knowledge。as needed，Army or its authorized units can be dense、decryption，Under certain conditions, you can also convert military confidentiality to commercial confidentiality rights。The right to keep the confidentiality of defense knowledge is the core、The most mainstream national defense knowledge achievement rights。Corresponding to the confidentiality right is the secret information knowing that the personnel have the obligation of conservative secrets and non -leaked。

2． The right to possess the national defense knowledge: refers to in the shortest space distance，The right to dominate the physical bet365 live casino games form of defense knowledge assets in a specific subject。Because the knowledge assets have significant replication and points at the quantum level，Therefore, there may be multiple subjects in the ownership，The creator of knowledge assets、Investor or the assignee，You can dominate knowledge assets at the shortest space distance。

3． The right to use national defense knowledge: refers to the right of direct control of the main body of national defense knowledge assets。Direct control of the beneficial function of intellectual assets，Make up for the shortcomings of life body organs，higher needs to meet people's survival and development。

4． The right to national defense knowledge income: refers。The right of income has derivatives、Defended nature，May infinitely increasing expansion，It may also decrease to die。Multiple subjects can be common、Segment、Time、Category dominated intellectual asset income。

5． The right to defense knowledge: refers to the entire or part of the structure of the right to change the national defense knowledge assets、Function、The right to control the state，Is a typical compound right，Generally manifested as the right to disclosure、Frozen power、Trading rights、Rental rights、Modify right、Processing rights and other forms，Has the nature of "small right package"。

6. Defense knowledge transfer right: refers to the right to occupy national defense knowledge、Use right、Income right、The right to dispose of the right to punish to others。The object of the transfer of right is the right to dominate the category，The metastasis of intellectual property manifestations of details。

7. The right to collect national defense knowledge: refers to the need for mandatory collection for national or military for military security、The right to dominate the knowledge assets of others。After the army exercises the right to collect，General compensation for the original right holder。

What needs to be clear is，National Defense Knowledge Owners are significant for the main body of national defense knowledge assets、Live、Near -limited collection of governing rights。It is a collection or superposition of several mainstream dominance rights，is a typical dominant position、"Right Pack" nearly limit。The details of the ownership mainly include possessive rights、Use right、Income right、punishment right、Transfer right、The right to dominate the right to collect。The "right package" nature of the ownership has increased its uncertainty and complexity bet365 live casino games of discourse interaction in multiple fields。

　Defense knowledge achievement rights ownership standards, procedures and implementation

According to the theory of the right to the right to advantage，Advantage rights standards are general standards for determining all types of rights。Great power advantages，Rights priority belonging，Vice vice versa。A subject，As long as the ability to form a certain type of knowledge and achievement，That is, the right to dominate the results naturally。According to the characteristics of national defense activities and the general nature of knowledge results，Defense Knowledge Achievements Rights to belong to the main application of military security advantages、Funding advantage standard、Four types of policy advantages and agreed advantages。

First of all, we must apply the standard of military security advantages。Military security is the core interest of human survival and development。Military Security and National Defense Knowledge Secrets have significant correlations。Because the secret information is relatively unfair，It is difficult to know what the opposition knows，Movement form is in an uncertain multi -dimensional state，This greatly increases the game cost of the opposition to obtain dominance。Correspondingly，The information is in a secret state that the national core military interests are in a relatively safe state。It is the need for the national core military security interests，Make the country need to exercise the right to confidentiality，With the help of the country's compulsory force，Promote the relevant information in a secret state，By increasing the control cost of the counterparty，The degree of security of strengthening the core interests of the country。Capital、Policy、The ability to form formed by agreed，Military security with the help of the country formed by the state forced to protect the secret information security must be in an absolute advantage，That is, the confidentiality of national defense knowledge is in a priority position，The right to the results of national defense knowledge must be satisfied first、Suitable for military security standards。

Next，Under the premise of meeting military security standards or military security standards that do not claim rights，The right to the achievements of national defense knowledge can be attached according to the funding advantage standard。The advantage of capital contribution means that the capital is based on currency capital、Investment in real thing、Consistency of Intellectual Funding Seamless Power Transmission，The dominant Bet365 lotto review advantage of the new intellectual labor results formed。Compared to see，The advantages formed based on the funding of capital must be weaker than the national compulsory advantage，But it is usually higher than policy advantages and agreed advantages。The dominant standard for funding is the subordinate standard for determining the right of national defense knowledge.。The advantage of capital contribution is more interested in property rights (income rights)，Strong preference。Generally determined according to the investment ratio。

again，Policy advantage standards are military institutions out of motivation innovation、Achievement conversion、Balance of interests，The national defense intellectual property rights controlled by yourself through military security standards and the advantages of capital contribution are all or partially transferred to a policy rights ownership system transferred to relevant entities。Policy standards based on the initial rights formed by military security standards and advantageous standards for capital capital，It is a derivative policy tendency and right to belong to。Can't conflict with the military security standards and the advantages of funding。

Last，The agreed advantage standard refers to the，The right holder allows all or part of the rights to cross all or part of the rights of the assignee.。Through agreed，The original right holder gave up or did not advocate dominance，The assignee has obtained the dominance advantage of the results of national defense knowledge。

When the army does not claim the right of confidentiality based on military security standards，Rights belong to nature delay applicable to other advantage standards。Military security standards also directly require the possession of national defense knowledge results、Use right、Income right，You can also delay transfer rights as needed、The right to collect for collection。Visible，Attribution to the right to belong to the standards of the right to right，You can order the complex defense intellectual property system in an orderly manner、Coupling stably，High compliance and consistency，Can truly reflect the existence and movement of different national defense intellectual property rights，Can better safeguard national security interests and various interests of investors。

As an Example，Such as a national defense communication technology，Military organs can claim their confidentiality based on military security standards、separated possession、All or partial use rights、All or partial income rights、All or partial punishment rights、The right to collect and the bet365 Play online games right to transfer is based on the required transfer;、All or partial use rights、All or partial income rights and transfer rights; the right to use its right to transfer based on policy standards、Income right;、Transferred property rights and psychiatric rights。R & D units and individuals can claim to separate possessive rights based on the investment standards、part of the right to use and partial income;。

(Author Unit: 32180 Forces)