赋权改革背景下职务科技成果共有权行使的风险及其防控

Risks, Prevention and Control of Exercising Co-ownership Rights of Job-Based Scientific and Technological Achievements in the Context of Empowerment Reform

摘要:

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。同时，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。

Abstract:

Under the background of empowerment reform, researchers have obtained joint ownership of scientific and technological achievements The particularity of "weighted" co-ownership makes the co-ownership relationship show various forms such as "derived" co-ownership, "double" co-ownership and "mixed public-private" co-ownership.The complexity of joint ownership brings many risks to researchers, institutions and even countries, but there are few risk analysis, prevention and control studies on the exercise of joint ownership.This paper analyzes six major risks in the process of exercising the right of scientific and technological achievements.At the same time, it puts forward the prevention and control suggestions of: taking policy as a backstop to realize ownership autonomy; in the process: strengthening coordinated prevention and realizing dynamic monitoring; after the event: balancing interests and realizing shared responsibilities