Guarantee mechanism-guarantee for the transformation of scientific and technological achievements

The transformation of scientific and technological achievements is not spontaneous, but only possible under certain conditions. If the necessary information, materials and other elements are not available from outside, its normal operation and development will be greatly affected. The effective establishment of the guarantee mechanism for the transformation of scientific and technological achievements can provide a suitable external environment for it. However, due to many conditions and factors involved, the security mechanism is a complex systematic project, which needs the interaction and correlation of laws, policies, talents and information to play its due role.

(A) the government's macro-control, incentive and security mechanisms

To improve the attractiveness of technology market to both parties in technology trading, there must be government promotion and funding, credit and tax incentives and legal protection. The basic practices of developed countries: First, promote technology transfer and achievement transformation through legal means, and provide necessary legal environment and conditions for the technology market. The second is to create a good policy environment for technology transfer through economic means. Promoting the transformation of achievements by economic means is a major aspect of the government's macro-control mechanism. The economic means adopted by economically developed countries mainly include government subsidies and subsidies, government procurement, government contracts, tax incentives and credits, credit incentives and maintaining high R&D investment. Government funds and subsidies play a starting role in technological innovation and transfer. For example, the French Agency for the Promotion of Scientific Research Achievements does this work on behalf of the government. As a policy means to encourage technological innovation and development, government procurement has achieved great success in the United States. The US government spends tens to hundreds of billions of dollars from its budget every year to buy new products, and the first buyer of many new products that have not formed a large-scale market is often the government. Government contracts refer to major national scientific research projects and cooperative projects between the government and universities and between the government and industries, all of which are implemented in the form of contracts. The government's tax and credit support is the driving force to further stimulate the technological progress of enterprises. The third is to promote technological innovation and technology transfer through a sound incentive mechanism for technological achievements and intellectual property protection system, especially the patent system in developed countries has played an important role in the development of the technology market. Perfect and effective supervision mechanism, incentive mechanism and guarantee mechanism provide a good environment for the development of foreign technology market.

(B) the flow mechanism of scientific and technological talents

The diffusion mechanism of talent flow means that the transformation of scientific and technological achievements must be realized through the flow of relevant personnel, especially the flow of scientific and technological personnel as the carrier of knowledge and technology. We know that the forms and channels of information dissemination are very important for information dissemination, because the information of high-tech achievements involves many contents that are difficult to express clearly in simple words. Therefore, the flow of talents from universities and research institutes to enterprises makes the transformation of scientific and technological achievements faster, more flexible and more efficient. Some developed countries in the west have set a good example in this regard.

Some Japanese universities often hold academic salons to promote communication and exchanges between Industry-University-Research. 1996, Japan passed some amendments to the Special Law on Civil Servant Education, in order to promote mutual exchanges between personnel. On the one hand, Japan actively encourages universities to train talents for enterprises through various trainings; On the other hand, it advocates enterprises to provide practice training places for universities, encourages university teachers to "study in the Mainland" and students to "experience factories" (Zhao Jingbo, 20 12). Japan has also broken the traditional education system, recruiting teachers from private enterprises, and private enterprises have also sent technicians to universities for further study or hired university teachers to give lectures. The two sides exchanged needed goods and strengthened learning and communication. Other developed countries have similar regulations. For example, many colleges and universities in the United States clearly stipulate that teachers and researchers can work part-time in enterprises without affecting their teaching tasks. The British government and universities always encourage university teachers and researchers to move to enterprises, and some universities even stipulate that department heads must work part-time in enterprises before returning to school to continue teaching. In Germany, the forms of talent exchange are more flexible and diverse. Both schools and enterprises adopt the form of two-way flow to promote the industrialization of scientific and technological achievements, and the government has given necessary financial support to this form. China Taiwan Province Industrial Research Institute regulates the flow of talents by controlling the turnover rate (Wan, 2006).

(C) the establishment of a rapid and extensive technology market information network

Technology market information service system is a "catalyst" for the transformation of scientific and technological achievements, which can connect the source of knowledge creation with industrialized companies or enterprises, and make them interact and relate with each other. In order to improve the efficiency and success rate of technology trading, and let technology demanders or potential technology demanders know the channels through which they can obtain technology and the technology they want as soon as possible, developed countries will actively establish a perfect technology trading information network, which can effectively connect the whole country and even the rest of the world, which is also a powerful guarantee for their vibrant technology market and large-scale transactions. For example, Japan's technology exchange relies on a wide range of technology trading information networks and powerful databases. At the end of 1990s, the United States raised $80 billion to set up an information network covering more than 50 states in China for enterprises to inquire about information. Germany has also updated the information database system of scientific and technological achievements transformation to make it play the role of information platform more effectively (Yang Ping, 20 10). In addition, Britain, France, the Netherlands and other countries have also established a strong technology trading information network, which has promoted the technology trading and exchange of various regions, fields and enterprises (An Yuzhuo, 2000).

(4) Policy and legal guarantee mechanism

Policy and legal support are the first prerequisite for the transformation of scientific and technological achievements. Many countries and regions attach great importance to how to promote the smooth transformation of scientific and technological achievements, and have formulated relevant laws and policy measures from a strategic perspective to realize the benign interaction between policy laws and achievements transformation.

1. Legal system for promoting the transformation of scientific and technological achievements in developed countries

Legislation to promote the transformation of scientific and technological achievements in developed countries can be divided into core legal system and related supporting legal system. The core legal system is directly related to the transformation of scientific and technological achievements, and other legal systems that match the core legal system mainly include the legal system to promote the transfer of scientific and technological achievements, the legal system related to taxation, the legal system to promote technological innovation of small and medium-sized enterprises, and the legal system to protect and utilize intellectual property rights (Figure 4-2).

Figure 4-2 Supporting laws and regulations of the core legal system

1) Legal system to promote the transfer of scientific and technological achievements. The legal system to promote the transfer of scientific and technological achievements refers to the legal system that plays a key role in encouraging the transformation of scientific and technological achievements, guiding the direction and focus of the transformation of scientific and technological achievements, safeguarding the legitimate rights and interests of innovative subjects, and creating an environment for the transformation of scientific and technological achievements. Specialized legislation focusing on the transformation of scientific and technological achievements is mostly principled. For example, Bayh-Dole Act (1980) in the United States has carried out a series of reforms and innovations in the management system of scientific and technological achievements, aiming at promoting the utilization of government-funded inventions, encouraging small enterprises to participate in government-funded R&D activities to the maximum extent, and promoting cooperation among government departments, business entities and non-profit organizations (mainly universities) (Hengli, 2009). This bill makes thousands of inventions public and studied every year. Stevenson-Wedler's Technological Innovation Act (1980) and a series of subsequent amendments have strengthened the responsibility of the federal government and research institutions for technology transfer, removed unreasonable obstacles restricting technology transfer, and accelerated the transfer of federally funded technological achievements. The Technological Innovation Law (1980) requires federal laboratories to set up special technology transfer departments to explore ways of technical cooperation with governments, companies and enterprises. 1996, Japan promulgated the Law on Revitalizing Science and Technology, in order to strengthen the infrastructure of scientific research, strengthen research exchange activities, and promote the development of new technologies and the popularization of technological achievements. In addition, the white paper on science and technology and technology foresight plan published by the British government after the mid-1980s, the special law on science and technology innovation formulated by Korea 1997, the law on technology innovation and scientific research formulated by France 1999, and the law on science and technology in Germany can all be regarded as legal systems for promoting the transfer of scientific and technological achievements, and they are all huge.

2) Legal system to promote technological innovation of small and medium-sized enterprises. Small and medium-sized enterprises play an extremely important role in the national economy. After World War II, especially since 1980s, major developed countries have regarded the technological innovation of small and medium-sized enterprises as an important part of their own technological innovation system. The United States, Japan and Europe have introduced legal systems to encourage and promote joint technological development and transformation of scientific and technological achievements between small and medium-sized enterprises and government research institutions or universities (Hengli, 2009). The Bayh-Dole Act formulated by the United States specifically stipulates the rights and obligations of inventions and creations generated by government-funded small and medium-sized enterprises and non-profit organizations in the process of completing or performing government contracts (Wan, 2006). 1978, the German government made a technological progress plan for small and medium-sized enterprises that were short of funds, so that at least 1/3 of the small and medium-sized enterprises received scientific and technological support from the government. In June 2000, the European Parliament adopted the European Charter for Small Enterprises, which pushed the importance of technological innovation of small enterprises to an unprecedented height and promoted the transnational integration of small enterprises with universities and scientific research institutions (Hengli, 2009). American Small Business Technology Innovation and Progress Act (1982) and Small Business Technology Transfer Act (1992); Japan's Law on the Promotion of Entrepreneurial Activities of Small and Medium-sized Enterprises (1995); The Basic Law of Small and Medium-sized Enterprises and the Regulations on the Development of Small and Medium-sized Enterprises promulgated by South Korea and Taiwan Province Province in the 1990s also made special provisions on protecting the technological invention right of small and medium-sized enterprises in joint research, which promoted the transformation of scientific and technological achievements to the depth and breadth.

3) Tax legal system. As one of the important ways to stimulate innovation in Industry-University-Research, tax policy has been applied in many countries and achieved good results. For example, the U.S. government has successively promulgated the tax reduction law (1992) and the new tax law (1998), which has given small and medium-sized enterprises great tax reduction space and opportunities for innovation and development, and mobilized the enthusiasm of small and medium-sized enterprises for technological innovation. The preferential tax plan for scientific research and experimental development formulated by the Canadian government gives tax relief to its investment in scientific research and technological development according to the scale of enterprises. The smaller the scale, the greater the discount (Wan, 2006). However, from the international practice, most tax incentives for enterprise technological innovation are not an independent tax system arrangement, but are more reflected in various plans and systems that can stimulate technological innovation, and the methods are more flexible.

4) Intellectual property system. The intellectual property system is rooted in the market economy and is characterized by clearly defining and effectively protecting the property rights of scientific and technological achievements. It provides an internal dynamic mechanism and an external legal environment for fair competition in technological innovation and technology transfer, and is the guarantee for the smooth transformation of scientific and technological achievements. The patent law of the United States stipulates that the protection period of invention patents is 20 years (17 years before 1994) (Yin Chunquan, 2003). The Law of the State on Technology Transfer and Upgrading (1996) guarantees the intellectual property rights of companies participating in * * * cooperative research and development, improves the remuneration of team researchers and inventors, and greatly promotes technological innovation (Li Yuling, Zhao Dezhu, 20 10). 1999, Japan promulgated the law on special measures for industrial vitality regeneration, which revised the principle of attribution of university invention patents and stipulated the reduction or exemption of annual patent fees and patent application fees. The Basic Law on Intellectual Property and the Law on the Establishment of Intellectual Property High Court promulgated in 2003 have made Japan the most systematic and institutionalized country in the world so far, which has greatly promoted the transformation of Japanese scientific and technological achievements. Since 1980s, more than a dozen countries, such as the United States, Japan, France, South Korea and India, have put forward and implemented the strategy of "strengthening the country with intellectual property rights", formulated and implemented corresponding policies and measures, and strengthened the protection of intellectual property rights.

5) Legal system to promote cooperation and innovation in Industry-University-Research. The laws promoting Industry-University-Research's combined innovation refer to the legislation of technology innovation law and technology transfer law with the fundamental goal of promoting Industry-University-Research's combined innovation, or the legal system closely related to Industry-University-Research's combined innovation. The rich foreign laws on this type have promoted the development of combined innovation in Industry-University-Research. For example, in 1986, the US Congress passed the Federal Technology Transfer Act, which authorized federal institutions to reach cooperative R&D agreements with companies, universities and non-profit organizations, thus establishing a basic framework for the partnership between federal laboratories and the private sector (Li Yuqing, 20 12). South Korea promulgated and implemented the Collaborative Development Promotion Law, which strongly supported the coordinated development of "production, learning and research" (Wan, 2006). 1998, Japan passed some amendments to the Research Exchange Promotion Law, adding special provisions to promote the industrialization of scientific research achievements in universities and the cooperation between Industry-University-Research and officials, which further promoted Japan's "Industry-University-Research cooperation" in policy. The Law on Promoting Research Exchanges (1986) and the Law on Special Measures for Revitalizing Industry (1999) also contain provisions specifically promoting Industry-University-Research's cooperation. In addition, many developed countries have launched a series of plans to strengthen Industry-University-Research's cooperation, such as Finland's "National Technology Plan", Singapore's "Technology Upgrading Growth Enterprises" and "Operation and Technology Roadmap", Danish "Innovation Consortium Initiative (DK 17)" and American Small Business Technology Transfer Research Program (STTR). (Zhang Yingzhe, Jiang Yunfei, 20 10).

2. Policies and measures of developed countries to promote the transformation of scientific and technological achievements

1) Tax measures to encourage the transformation of scientific and technological achievements. Generally speaking, the preferential tax policies of various countries are mainly indirect benefits such as accelerated depreciation, investment credit, expense deduction, and tax-to-loan reform, supplemented by direct benefits such as tax reduction and exemption. According to the American tax law, enterprises entrust universities or scientific research institutions to carry out basic research, and 65% of the research expenses paid according to the contract can be deducted from the income tax, and at the same time, preferential tax-free policies are given to the intermediate test products of new products. 1982 promulgated the Small Business Development Act, which maintained the low income tax in the United States for nearly 20 years. In terms of venture capital, the measures taken by the United States are to exempt 60% of venture capital, and to levy income tax on the remaining 40% by half (Hengli, 2009). Since the Clinton administration took office, it has further strengthened the tax relief policy, such as declaring the tax relief policy for R&D permanent, increasing the tax relief for academic research sponsored by enterprises by 25%, and reducing the tax for new R&D consortia by 65,438+00% in the first two years (Hengli, 2009). The German government has adopted a more direct way to improve the policy environment of venture capital, that is, the government and banks share risks and improve the policy environment of venture capital by means of low-interest loans. In order to promote technological innovation, the French government has implemented a scientific research tax credit system, that is, 50% of the R&D expenditure of enterprises in the first year can be tax-free, and 50% of the increased investment in the future can be tax-free. 198 1 year, the British government formulated the "loan investment guarantee plan", which stipulated that 80% of the total loans of private banking institutions to high-tech SMEs were guaranteed by the government (Hengli, 2009). In the relevant provisions of the Enterprise Property Tax Law and the Russian Federation Tax Law, scientific research institutions, enterprises and organizations engaged in scientific research and experimental design work, as well as goods, services and services related to scientific research activities are also given tax relief to varying degrees, which has played a very good role in promoting technological innovation and the transformation of scientific and technological achievements.

2) government procurement policies and measures to ensure the transformation of scientific and technological achievements. Government procurement is an important policy measure for the government to promote high-tech industrialization. The government procurement policies and measures to ensure the transformation of scientific and technological achievements are mainly manifested in three aspects: First, the "priority purchase" and "first purchase" policies that give priority to domestic high-tech achievements. The second is the "restricted purchase" policy for government procurement products with backward technology and low added value. The third is the government's "ordering" policy for products that have yet to be developed. The United States is one of the first countries to adopt the government procurement policy, with more than 4,000 laws and bills related to government procurement (Hengli, 2009). The Federal Government Procurement Act supplemented in 2004 and the Buy American Products Act promulgated by the United States in 1933 made detailed provisions on the government procurement policy of high-tech products in China. Take integrated circuits as an example. 1960 at the beginning of integrated circuit products, 100% was purchased by the federal government. In recent years, the total annual procurement of the British government from the central government to local governments is about 654.38+000 billion pounds. In order to strengthen the support for high-tech industries and strategic industries, the British government requires government departments, government laboratories and state-owned companies to purchase computers and communication equipment from domestic companies, making government procurement a means of public expenditure for the government to achieve scientific, technological, economic and social goals, and playing an irreplaceable role in cultivating the independent intellectual property rights of high-tech industries in Britain (Hengli, 2009).

3) Intellectual property policy to protect scientific and technological achievements. Many developed countries attach great importance to intellectual property protection and upgrade their intellectual property strategy to the height of national strategy. For example, the Korean government realized the importance of intellectual property protection and application in stimulating competition. In March 2004, it announced that the Korean Intellectual Property Office, which was originally under the Ministry of Commerce, Industry and Energy, was transferred to the Ministry of Science and Technology, and its functions were redeployed, thus establishing a more effective intellectual property system to promote technological innovation. In July 2002, Japan adopted the outline of intellectual property strategy, and clearly put forward the goal of "building a strong intellectual property country". In February 2003, the Intellectual Property Strategy Department headed by the Prime Minister was established, and then a number of "Intellectual Property Strategy Promotion Plans" were successively issued. Here, a perfect overall strategic system of intellectual property rights is formally formed, which consists of five parts: intellectual property creation, intellectual property protection, intellectual property application, multimedia material industry development, personnel training and national awareness improvement (Hengli, 2009).

In order to encourage technological innovation in Industry-University-Research, most governments have taken measures to decentralize the ownership of intellectual property rights formed by government-funded research results. The Bayh-Dole Act promulgated by the U.S. government in 1980 marked the beginning of the implementation of intellectual property rights decentralization measures in major developed countries. Japan also has a Baidu system similar to the United States. 1999 promulgated the "special measures for industrial vitality regeneration law", which stipulates that the research and development achievements and intellectual property rights entrusted by the state and special legal persons can belong to the trustee. The Outline of Japan's Intellectual Property Strategy in 2002 stipulates that the provisions on special circumstances in the above clauses shall be abolished and applied to all budget projects entrusted with research and development. In order to promote the effective protection of intellectual property rights, accelerate the transfer and development to form productive forces, the intellectual property rights obtained by government-funded scientific research projects in the past were generally owned by the state, but were changed to be owned by project research institutions. The EU mainly revises the ownership and use rules of funded research results through the research reports of patents and licenses of public research institutions, and promotes the transfer of ownership of intellectual property rights to enforcement agencies.