National defense knowledge results are the results of intellectual labor based on national defense purposes,The right to control the results of national defense intellectual labor is called national defense intellectual property bonus bet365。Defense intellectual property bonus bet365 include both the bonus bet365 and characteristics of general civilian intellectual property bonus bet365,There are also military bonus bet365 attributes based on national defense characteristics,More complex than the concept of civil intellectual property bonus bet365。Previously,Due to the lack of common cognitive caliber and standards,There is cognitive confusion in the field of defense intellectual property bonus bet365,The situation of high management costs。Scientifically sort out the types of bonus bet365 based on national defense knowledge achievements,Establish a unified、Standard Defense Intellectual Property Classification System,Clear assignment of different bonus bet365,"Settle disputes and end disputes" National Defense Intellectual Property,Mobilize the enthusiasm of scientific research units and production departments,Promote national defense science and technology innovation,The efficient implementation of the national defense intellectual property strategy is of great significance。
The nature of “bonus bet365 package” reflects the complexity of national defense intellectual property bonus bet365
In our country,Theoretically, the object of bonus bet365 to national defense knowledge achievements is mainly divided into technical secrets、Patented technology、Technical information、Computer software、Integrated circuit layout design、National Defense Works、National Defense Trademark、National defense logo and national defense reputation, etc.。Power methods are mainly divided into confidentiality bonus bet365、Right of possession、Usage bonus bet365、Income bonus bet365、Right of disposal (right of transfer、Right to intervene、Pledge bonus bet365、Investment bonus bet365, etc.)、Signature bonus bet365、Right of publication、Right of disclosure、R&D bonus bet365、Eminent domain bonus bet365、Right of expropriation、Freezing right、Exclusive bonus bet365, etc.。
In legislation and policy practice,The object of bonus bet365 of national defense knowledge achievements is divided into national defense technical achievements、National defense patent、Invention patent、Technical secrets、Computer software、Computer layout design、Defense brand、National Defense Mark、New plant varieties, etc.。Power methods are mainly divided into confidentiality bonus bet365、Ownership、Right of possession、Holding bonus bet365、Usage bonus bet365、Income bonus bet365、Disposal power、Right to apply、Signature bonus bet365、Right of modification、Protecting the integrity of works、Reproduction bonus bet365、Leasing bonus bet365、Distribution bonus bet365、Exhibition bonus bet365、Screening bonus bet365、Performance bonus bet365、Right of communication、Camera bonus bet365、Adaptation bonus bet365、Compilation bonus bet365、Translation bonus bet365 and transfer bonus bet365 (limited or unlimited)、Right of eminent domain、Right to apply、Patent bonus bet365、Exclusive bonus bet365、Implementation bonus bet365 (exclusive or licensed)、Right of identification、Right to waive、Display bonus bet365, etc.。The above practical and legislative classifications are mainly scattered in the "National Defense Law", "National Defense Mobilization Law", "Law on the Protection of State Secrets", "Science and Technology Progress Law", "Patent Law", "Trademark Law", "Copyright Law", "Property bonus bet365 Law", "National Defense Patent" Regulations", "PLA Secrecy Regulations" and the Ministry of Science and Technology、Ministry of Industry and Information Technology、In some policy documents of the former General Armament Department。
It can be seen from the above classification of bonus bet365,The objects of bonus bet365 in national defense knowledge achievements are diverse,is a "bundle",Not one;The power on every right object is also complex,It is a "package",instead of one。And the two can be superimposed in multiple dimensions,Permutation and combination,The "bonus bet365 package" nature of national defense knowledge achievements is a concrete manifestation of the complexity of national defense intellectual property bonus bet365。
Under market economy conditions,bonus bet365 awareness and bonus bet365 claims are refined。Different subjects of national defense scientific research activities claim different bonus bet365 in different bonus bet365 objects,For example, the military usually insists on technical secrets、Patented technology、Computer software、Right of confidentiality on technical information、Right of possession、Usage bonus bet365;R&D units usually advocate patented technology、Computer software、Right of use on technical data、Patent bonus bet365、Income bonus bet365、Transfer bonus bet365, etc.。This requires a clear classification of bonus bet365 in national defense knowledge achievements,Especially clarify the classification of bonus bet365,And incorporated into defense contract terms,Enable national defense intellectual labor subjects to clarify their bonus bet365 and ways to exercise them。Only this way,In order to ensure the security of national defense secrets,And fully mobilize the innovation enthusiasm of R&D entities,Promote the progress of national defense science and technology,Improve the combat effectiveness of troops。
Derive a list of bonus bet365 based on the National Defense Intellectual Property Strategy
According to the current law、Policy practice and defense intellectual property strategic needs,The list of bonus bet365 on national defense knowledge achievements cannot be too simple、General,Otherwise, the diverse needs of bonus bet365 claims cannot be met;At the same time, it can’t be too complicated,Otherwise it will be inconvenient for operation and legislative practice。Based on the laws of human cognition and the golden ratio,Combined with the current level of cognition and recognition,The bonus bet365 objects in the bonus bet365 bundle generally do not exceed 5 types,Generally, the bonus bet365 in the bonus bet365 package should not exceed 7 types。Therefore,The object of bonus bet365 in the design of national defense knowledge achievements is technical secrets、Patented technology、Computer software、Technical information、5 types of national defense works (expanded to national defense trademarks if necessary、Objects such as national defense logo and national defense reputation);The categories of bonus bet365 packages are divided into confidentiality bonus bet365、Right of possession、Usage bonus bet365、Income bonus bet365、Disposal power、Transfer bonus bet365、7 types of eminent domain bonus bet365。
Among them, the 7 types of capabilities in the bonus bet365 package are distinguished as follows:
1. The right to keep national defense knowledge confidential: refers to the right to control the knowledge of national defense secret information within a certain range。Prohibited、Restricting access to classified information plays an extremely important role in maintaining military security。The right to confidentiality is a right of control with a time limit。The right to keep national defense knowledge confidential is divided into top secret bonus bet365 according to the level of confidentiality、Right of confidentiality、Right of confidentiality。The boundaries of control bonus bet365 for different security levels of national defense knowledge are different。As needed,The military or its authorized units can set the secret code、Decryption,Under certain conditions, military confidentiality bonus bet365 can also be converted into commercial confidentiality bonus bet365。Confidentiality of national defense knowledge is the core、The most mainstream right to control national defense knowledge。Corresponding to the right of confidentiality is the obligation of those who know the secret information to keep the secret from being leaked。
2. National defense knowledge possession bonus bet365: refers to the shortest spatial distance,A specific subject’s right to control the physical form of national defense intellectual property。Due to the significant replicability and divisibility of knowledge assets at the quantum level,There may be multiple possessory subjects,Such as the creator of intellectual assets、Investor or transferee,All can control knowledge assets under the shortest spatial distance。
3. The right to use national defense knowledge: refers to the subject’s direct right to control the beneficial functions of national defense knowledge assets。Through direct control of the beneficial functions of knowledge assets,To make up for the deficiencies in the functions of the organs of the living body,Meet people’s higher needs for survival and development。
4. National defense intellectual property bonus bet365: refers to the subject’s right to control new interests generated by national defense intellectual assets。The right to income is derivative、The nature of deferral,Possibly infinite incremental expansion,It may also decline and die out。Multiple subjects can share、Segmentation、Time sharing、Classification dominates knowledge asset income。
5. The right to dispose of national defense knowledge: refers to the bonus bet365 subject changing all or part of the structure of national defense knowledge assets、Function、State dominance,It is a typical compound right,Generally manifested as the right of disclosure、Freezing right、Investment bonus bet365、Leasing bonus bet365、Right of modification、Processing bonus bet365 and other forms,Has the nature of “small bonus bet365 package”。
6. The right to transfer national defense knowledge: refers to the subject’s right to possess national defense knowledge、Usage bonus bet365、Income bonus bet365、The right to transfer the right of disposal and other bonus bet365 to others。The object of the transfer right is the detailed control right,Exhibited as detailed transfer of intellectual property bonus bet365 between entities。
7. National defense knowledge expropriation power: refers to the compulsory expropriation by the state or the military for military security needs、The right to expropriate other people’s intellectual assets。After the army exercises its power of expropriation,Generally compensate the original bonus bet365 holder。
What needs to be made clear,National defense knowledge ownership is the subject’s significant interest in national defense knowledge assets、persistent、Nearly extreme collective dominance。It is a collection or superposition of several mainstream dominance,is typically dominant、Nearly the ultimate “bonus bet365 package”。The detailed bonus bet365 of ownership mainly include the right of possession、Usage bonus bet365、Income bonus bet365、Disposal power、Transfer bonus bet365、Expropriation bonus bet365 and other control bonus bet365。The “bonus bet365 package” nature of ownership increases the uncertainty and complexity of its discursive interactions in multiple fields。
Standards, procedures and implementation of bonus bet365 ownership of national defense knowledge achievements
According to the theory of superior power and ability,The capability standard for superior bonus bet365 is a universal standard for determining the attribution of all types of bonus bet365。Those with great power and ability,Priority of bonus bet365,Vice versa。a subject,As long as you have the advantage and ability to form certain types of knowledge achievements,That is, nature has the right to control the result。Based on the characteristics of national defense activities and the general nature of knowledge achievements,The ownership of bonus bet365 to national defense knowledge achievements mainly applies to military security advantage standards、Investment Advantage Standard、Four types of policy advantage standards and agreed advantage standards。
The military security advantage standard must first be applied。Military security is the core interest of human survival and development。There is a significant correlation between military security and the degree of secrecy of national defense knowledge。Due to the relative confidentiality of secret information,Difficult to be known by the other party,Motion form is in an uncertain multi-dimensional state,This greatly increases the game cost for the opponent to gain dominance。Accordingly,Keeping information secret keeps the country’s core military interests relatively safe。It is precisely because of the needs of the country’s core military security interests,Making it necessary for the country to prioritize the exercise of confidentiality bonus bet365,With the help of state coercion,Prompt relevant information to remain secret,By increasing the counterparty’s dominance cost,Strengthen the security of the country’s core interests。Compared investment、Policy、In terms of superior bonus bet365 formed by agreement,Military security must be in an absolute advantageous position with the help of national coercive power to protect the security of secret information,That is, the right to confidentiality of national defense knowledge takes priority,The ownership of bonus bet365 to national defense knowledge achievements must first satisfy the requirements、Applies to military safety standards。
Secondly,On the premise that military security standards are met or military security standards do not claim bonus bet365,The bonus bet365 to national defense knowledge achievements can be vested according to the investment advantage standard。The investment advantage means that investors invest based on currency、In-kind investment、Consistent and seamless power transfer of intellectual investment,The dominant advantage formed over the new fruits of intellectual labor。In comparison,The advantage based on investment is weaker than the advantage of national coercive power,But usually higher than policy advantages and agreed advantages。The investment advantage standard is the second-best standard for determining the ownership of bonus bet365 to national defense knowledge achievements。Investment advantages are more interested in property bonus bet365 (income bonus bet365),Strong preference。Generally determined according to the proportion of capital contribution。
AGAIN,The policy advantage standard is for military agencies to encourage innovation、Achievements conversion、Purposes such as balancing interests,A policy bonus bet365 ownership system that transfers all or part of the national defense intellectual property bonus bet365 controlled by it through military security standards and investment advantage standards to relevant entities。Policy standards are based on the initial bonus bet365 formed by military security standards and investment advantage standards,is a derived policy tendency right attribution standard。Cannot conflict with military security standards and investment advantage standards。
Finally,The agreed advantage standard refers to the condition that it does not violate the mandatory provisions,The right ownership system in which the right holder transfers all or part of his bonus bet365 to the transferee through an agreement。By agreement,The original bonus bet365 holder gives up or does not claim dominance,The transferee obtains the advantage of dominating the national defense knowledge results。
When the military does not assert confidentiality based on military security standards,The ownership of bonus bet365 is naturally extended and applicable to other advantage standards。Military security standards also directly require possession of national defense knowledge achievements、Usage bonus bet365、Income bonus bet365,The transfer right can also be deferred as needed、Right of eminent domain。Visible,Attribution of bonus bet365 according to superior bonus bet365 and ability standards,Can put the complex defense intellectual property system in order、Stably coupled together,Highly consistent and consistent with the actual situation,Can truly reflect the existence and movement relationship of different defense intellectual property bonus bet365,Can better safeguard national security interests and various interests of investors。
As an example,Such as a defense communications technology,Military agencies can assert their right to confidentiality based on military security standards、Detachable right of possession、Right to use all or part of it、All or part of the income bonus bet365、Right of total or partial disposal、bonus bet365 of eminent domain and need-based transfers;Separable possession bonus bet365 can be claimed based on capital contribution standards、Right to use all or part of it、All or part of the income bonus bet365 and transfer bonus bet365;The right to use can be transferred based on policy criteria、Income bonus bet365;Transferable non-military bonus bet365 based on agreed criteria、Assigned property bonus bet365 and moral bonus bet365。R&D units and individuals can claim detachable ownership bonus bet365 based on investment standards、Partial use bonus bet365 and partial income bonus bet365;Non-military bonus bet365 can be transferred based on policy standards;Non-military bonus bet365 can be transferred or transferred based on agreed standards。
(Author’s unit: 32180 troops)
Friendly links: Official website of Chinese Academy of Social Sciences |
Website registration number: Beijing Public Network Security No. 11010502030146 Ministry of Industry and Information Technology:
All bonus bet365 reserved by China Social Sciences Magazine. No reproduction or use without permission is allowed
Chief editor’s email: zzszbj@126.com Contact information of this website: 010-85886809 Address: Floor 11-12, Building 1, No. 15 Guanghua Road, Chaoyang District, Beijing Postal Code: 100026
>