| In the high-tech has become an important means of international competition in the background, how to effectively accelerate the pace of technology transfer strategy for the implementation of scientific and technological innovation, building an innovative country is important. The protection and use of intellectual property is the core of technology transfer,so the study of intellectual property legal issues in technology transfer is very significant.In actually,the patent conversion rate is very low in China.From the process of technology transfer,their subjects have not enough comprehensive in technology transfer before the patent application.And they lazy to convert or the technology is hard to convert after the patent application.Specifically,technology transfer is facing four risk,technical risk,financial risk,information risk and infringement risk.Technology risk is high quantity but low quality,the legal reasons behind it can be attributed to the problem of China’s IPR incentive mechanisms and patent examination system.Financial risk is difficult to value and financing.Information technology risk is information resource sharing not public or timely,the legal reasons behind it can be attributed to China’s IPR service agencies and relevant legislation is imperfect.Infringement risk is the technology stolen or other violations of intellectual property,the legal reasons behind it can be attributed to the issue of patent infringement damages compensation system and intellectual property judicial trial.Today,many countries pay attention on technology transfer,such as Intellectual Property incentives in American,Patent Court in British,Steinbeis Technology Transfer Center in Germany and patent examination online in Japan.In summary,propose some law solutions for technology transfer.First of all,in order to cope with the technical risk,it is recommended to create a conducive environment for technology transfer, improve our patent examination system.Secondly,in order to cope with the financial risk,it is recommended to increase capital investment,improve the legal system for patent evaluation.Thirdly,in order to cope with the information technology risk,it is recommended to improve knowledge property intermediary service organizations relevant legislation, improve the quality of intellectual property intermediary service personnel.Finally,in order to cope with the infringement risk,it is recommended to improve our compensation system and establish IP courts at the national level.Among them, proposed to add "environmentally friendly" in our patent examination standards, recommended the development of the State Council, "Intellectual Property service agencies regulations," and the establishment of IP courts at the national level is the innovation of this paper. |
