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Management Mode



What is a scientific management model?

The important sign of a good management model is its adaptability to the environment. The concept of using G management mode is that it has the characteristics of field change according to the field state. So the G management model develops the IOS model into an IOS-X operating system model.

The management model should be highly adaptable, so that this management model can truly become the guarantee for the sustainable development of the enterprise. The general manager divides the business management model into 5 categories. The following is a comparison between them.

Chinese management model

Symmetry is the deepest essence of the universe, the law of symmetry is the most fundamental law of society, and the principle of symmetry is the most basic principle of science. The scientific management model is a symmetrical management model-a management model in which the subject and the object are symmetrical and the subjectivity and scientificity are unified.

The biggest feature of Chinese traditional culture is symmetrical culture. Symmetrical culture: symmetry between heaven and man, righteousness and profit, Tao and morality, reason and spirit, name and reality, metaphysical and physical, rule of morality and rule of law, birth and entry into the world. Symmetrical culture: the symmetry between democracy and the legal system, the symmetry between fairness and efficiency, the symmetry between human rationality and irrationality, the symmetry between individuals and enterprises, and the symmetry between civil and government. The Chinese management model is a symmetrical management model.

The explanation of the global financial crisis: the economy is the unity of micro-economy and macro-economy, and economic management is the unity of micro-management and macro-management. With the socialization of production, macroeconomics, and scientific social management required by the nature of the socialist market economy, the management model will gradually become integrated. As a whole management model, it is the comprehensiveness, integrity, generality, and humanity of management, and it is the concretization of the unity of scientism and humanism of management in management practice. The unified management model of scientism and humanism is the symmetrical management model.

According to the five-dimensional space theory, space and level are the development of time. The different management modes juxtaposed in space reflect the different levels of management thinking and the different stages of time development, Chinese management mode and western management mode The horizontal alternation reflects the vertical development of human management mode at the macro level; ancient Chinese management mode—classical western management mode—modern western management mode—contemporary Chinese management mode is the largest circle in the development of human management mode, and the development of human management mode The circles on other levels of the company must first be placed in this circle in order to get a reasonable positioning. The ancient Chinese management model as a whole belongs to the first stage of the development history of the human management model, which contains all the buds of the development of the human management model. If we exclude the ancient Chinese management model from the history of human management model development, we believe that Western management model is the source of human management model, and Western management model is the standard model of human management. The circle becomes the middle circle, and the middle circle becomes the big circle. On the one hand, it inappropriately artificially improved the status and role of the Western management model in the history of human management model development, and regarded the Western management model as the standard and only model of management. On the other hand, it denies the legitimacy of the Chinese management model, so that it cannot correctly grasp the development direction of the human management model. As a symmetrical management model, the Chinese management model is not only the modern development of China’s traditional management model of “Heaven and Man”, “Inner Sage and Outside King”, “Unification of Righteousness and Benefit”, and “Inaction and Nothing”, and it is also in the development chain of human management model. The inevitable result of the development of the relationship between scientism and humanism.

Other specific management modes

1. Family management mode

This management mode uses a very important function of family blood relationship, namely cohesion Function, that is, trying to realize the management of the enterprise through the cohesive function of family blood relationship. From a historical point of view, although an enterprise was in the period of its entrepreneurship, this kind of family-oriented enterprise management model did play a good role. However, when the company develops to a certain extent, especially when the company develops into a large company, this kind of family-oriented corporate management model will soon have problems. Because the cohesive function of the family blood relationship used in this management mode will be transformed from its cohesive function into an internal friction function, this management mode should be replaced by other management modes. The family-oriented corporate management model in my country has almost 99% of the positive impact on the enterprise during the entrepreneurial period, but when the enterprise jumps over the entrepreneurial period, its negative effect on the enterprise is also almost 99%. This management model exists only because our country’s credit system and legal system are still very imperfect, making people afraid to give their assets to people who have no blood relationship with them, so they have to adopt this family-oriented management model. .

2. Friendly management mode

This management mode also has positive significance in the start-up stage of the enterprise. This model is very cohesive when money is scarce, that is, when buddies can and are willing to stab at each other for friends. But when the company develops to a certain scale, especially after the company's profits increase to a certain level, the friendship of the buddies fades. Therefore, if the company does not adjust this management mode as soon as possible with the development, it will inevitably lead to the company's rapid decline or even Bankrupt.

3. Warm management mode

This management mode emphasizes that management should more mobilize the inner role of human nature. Only in this way can the company develop quickly. It is right to emphasize the human touch in an enterprise, but it cannot be the most important principle of the enterprise management system to emphasize the human touch. The principle of human touch and the principle of corporate management are principles in different categories. Therefore, excessive emphasis on human touch is not only detrimental to the development of the enterprise, but the enterprise will eventually lose control or even go bankrupt. Some people always like to talk about warmth and conscience in business management. They think that if a person, as a business manager, thinks very carefully about the person being managed, then the person being managed will inevitably get a good return, that is, hard work. In this way, the enterprise will develop better. It can be seen that the warm management model actually wants to use the principle of conscience in the sentiment to deal with the management relationship in the enterprise. In the relationship of economic interests, the so-called conscience is difficult to talk about clearly. In terms of economic theory, conscience is actually an ethical and humane form of standardized return of economic benefits. Therefore, if you talk about conscience and humanity in general, do not touch on the relationship of interests, and do not talk about mutual benefits, it is actually difficult for the managed to do it well. In the end, the enterprise will not be able to do it well. Management is not only about warmth, but first of all the definition of interest relationships. Some people are naturally tender, and the definition of interest relations is often soft-hearted. However, the definition of interest relations in corporate management is "cold and ruthless". "Not ruthless" is not enough. Only those who are "relentless" in the face of various interest relationships, especially those who can "shadow their face" in the definition of interest relationships, can become professional managers. For example, if someone cries when they are laid off, and a person feels soft as a manager, and pity the laid-off unprincipledly and let him go to work, then it is entirely possible that this person will not be a professional manager.

4. Randomized management mode

In reality, it is manifested in two forms: one is the dictatorial management in private enterprises. The reason why the authoritarian management is regarded as a kind of randomized management is because the entrepreneurs of some private enterprises are very authoritarian. He has the final say, he can change any rules and regulations at any time, his words are principles and rules, so this kind of management belongs to random management. Another form is administrative intervention in state-owned enterprises, that is, government agencies can arbitrarily intervene in the business activities of a state-owned enterprise, resulting in a very arbitrary management of the enterprise. It can be seen that this management model is either manifested in the dictatorship of private enterprises, or manifested in the excessive administrative intervention of the government in the state-owned enterprise system. The collapse of many private enterprises is the inevitable result of the implementation of this randomized management model. Because the entrepreneur's words are wrong, others cannot make corrections, and even if the entrepreneur's decision is wrong, others cannot change it. In the end, the enterprise can only be destroyed.

5. Institutionalized management mode

The so-called institutionalized management mode refers to the promotion of enterprise management in accordance with certain established rules. Of course, this kind of rule must be a contractual rule recognized by everyone, and at the same time, this kind of rule is also symmetrical between responsibility and rights. Therefore, the target mode of future corporate management is based on the institutionalized management mode, and appropriately absorbs and utilizes some useful factors of other management modes. Why do you say this? Because institutionalized management is more "cruel", it is indeed beneficial to properly introduce a little family relationship, friendship relationship, and warm relationship. Even sometimes, it is possible to deal with the contradictions and interest relationships in management appropriately and to "play down" the rules, because the institutionalization is too rigid. It is not easy to "soften" inappropriately. After all, the main object of management is still people, and people are not ordinary objects. People have a variety of thinking and are active, so they are completely institutionalized. Management is not good either. Appropriately absorb some of the advantages of other management models and integrate them into a hybrid enterprise management model. It might be better to do so. This is probably the consensus conclusion reached by everyone in the choice of business management models in China over the past decade or so.

6. Systematic management model

The systematic, standardized and overall management of an enterprise is achieved through the completion of strategic vision management of the corporate organization, division of work responsibilities, salary design, performance management, and recruitment , Full-staff training, staff career planning and other seven systems are established to complete.

This advantage is conducive to the rapid expansion of the enterprise, because when you use this system to create a standard template for enterprise management, its branches or agents can simply copy it. This reduces the difficulty of expansion. This is the maximum availability of the enterprise organization system.

Theory of C management model

The so-called C management model is to build a human-centered, both form and spirit, follow the universal laws of the universe and natural organization, and be able to continuously modify, self-regulate, and adapt to changes. This is a new type of enterprise organization management and operation mode that integrates Chinese humanities and Chinese studies (the way of doing things for people) and Western modern management (the method of doing things efficiently and with high volume), and carries out the humanized management of enterprises.

This kind of human-centered enterprise organization with greater initiative and greater resilience is referred to as "smart organization", because it is a pyramid-type mechanical organization (A management Mode), learning flat organization (B management mode), the third organization mode, and is based on the advanced modern management in the West, and integrates the great wisdom of Chinese traditional culture, so it takes "CHINA "The first letter "C", named "Enterprise C Management Model" for this intelligent organization.

"People as the core" is the foundation of building intelligent organizations and the key to C management mode.

"People-oriented" operation of intelligent organizations is the principle of C management mode.< /p>

"Tao follows nature", following the universal laws and basic rules of natural organization, is the characteristic of C management mode.

refers to management thinking, management theory, management principles, organizational structure (Including functional structure, department structure, responsibility and power structure), operation mechanism and operation mode, the general term for the entire management system from management techniques and management tools. Mode refers to the structural characteristics and existence of a certain thing. Although the term "model" has been widely used in both the practical and theoretical circles, it is still necessary to keep pace with the times and explore continuously to use it as a new way of thinking and a new method of researching problems. Management mode refers to the basic ideas and methods adopted in management, and refers to a complete management system that is formed and can be used by people for direct reference. Through this system, problems in the management process can be found and resolved, management methods are standardized, and improved. Management mechanism to achieve the set goals.

People-oriented

The connotation of people-oriented management

No matter what kind of management school, it first judges the people in the enterprise as a basic value tendency. Then determine the management methods and means. The human factor is regarded as the primary and essential factor of the facts in management. Human-centered management first establishes the dominant position of people in the management process, and then revolves around mobilizing the initiative, enthusiasm and creativity of corporate people to carry out all the management activities of the enterprise. Through people-oriented business management activities and the practice of obtaining as much output as possible with as little consumption as possible, people's will, brain, intelligence and physical strength are exercised, and people's will and character can be improved through competitive production and management activities. , Improve people's intelligence, strengthen people's physical strength, and enable people to obtain more comprehensive free development beyond being restricted by the needs of survival.

The way of human-based management

Coordination of subject and object goals (organizational goals and personal needs) | | Incentive | | Training) | | Create an environment that is conducive to people's initiative, enthusiasm, creativity and full development of people's own all-round development. | |The integration of corporate culture to employees | | A beneficial combination of corporate interests, social interests, and personal interests | His mental model, creative ability, behavior model and self-management play its role in the overall development of personal freedom. In the process of human-oriented management, the environment must be shaped in a targeted manner so as to dominate the individual's thoughts, psychology and behavior. Mental model is that when related external things change, in order to seek survival and development, individuals use existing information and experience to make the first response, or take active steps to further grab external information, grasp the changing laws of objective things, and respond to the external world The challenge is to actively transform the objective world and the subjective world, and grasp the way of thinking, psychology, and behavior that is determined by the mindset of one's own destiny.

The training of creativity is essentially the development of personal potential and the development of functions. Behavior pattern is the relationship between behavior motivation and behavior performance. Self-management is the management of business people on themselves, their thoughts, psychology, and behavior. Through self-management, business people can actively and actively participate in all the work of human-based management of the company and display their intelligence and creativity in their work, thereby enabling themselves to get comprehensive development.

The most essential requirement of people-based management for organizational structure, organizational form, and organizational system operation is to give full play to the intelligence of all members of the organization to ensure the overall high efficiency of the organization. Through decisive, sufficient, and reasonable authorization, the organization tends to be flattened, and the balance and appropriateness of centralization and decentralization can be achieved, which helps to obtain the ideal power structure of the organization. An important part of organizational training is to optimize the design and operation of organizational policies, which is an important part of organizational development and management. From the perspective of the content of organizational development, organizations often achieve organizational development by shaping organizational culture, tempering work teams, establishing a balance and appropriateness between centralization and decentralization, and communication and interaction.

Environment of human-oriented management The implementation of human-oriented management is carried out in a realistic corporate environment and even a social environment. The shaping of the cultural atmosphere, the improvement of the working environment and the revision of the living environment are the purpose of our research on the human-oriented management environment and the ways and means to implement the human-oriented management.

The emphasis on the shaping of cultural atmosphere to achieve the expected results of human-oriented management is due to the unique functions, strengths and effects of culture. The purpose of shaping the corporate cultural atmosphere is to emphasize the central position of members in all activities organized by the enterprise. It is different from other management measures and methods in that it uses "soft" and intangible ways to influence and manage enterprises and business people. The shaping of cultural atmosphere reflects the pursuit of human-oriented management ideals and realm.

The key reason why Z culture helps Japanese companies achieve great success lies in the fact that corporate leaders fully understand and use corporate culture, a "soft" powerful management tool. The shaping of the Chinese corporate culture atmosphere should be in the process of considering and mobilizing the enthusiasm, initiative, and creativity of members, and give full play to the role of cultural encouragement, standardization, integration, guidance and radiation.

Fiderer’s contingency leadership model believes that a leadership style that emphasizes humanism and interpersonal communication can achieve good performance in a moderately favorable working environment. House believes that the role of a leader is to remove obstacles on the way to subordinates' goals to help subordinates achieve their goals and gain a sense of satisfaction and accomplishment.

Principles of human-centered management

Infiltrate the concepts and management strategies of human-centered management into the various production, operation and management activities of the company, so that all the work of the company is based on human-based management. It is carried out within the framework of the theoretical system and basic structure of the company, that is, let the management lead all the work of the enterprise. In order to achieve the expected performance in all the work of the enterprise, we believe that people-oriented management must follow some basic principles.

First, adhere to the principle that the primary management of the enterprise organization is the management of people. From the perspective of management content, people-oriented management emphasizes understanding and meeting people's needs, paying attention to interpersonal communication and interaction at work, focusing on the cultivation of corporate collective consciousness and participation in major decisions of the company and the team, and According to the work performance of the company and the internal and external environment of the company, the company is motivated and the implementation of contingency leadership is implemented.

From the perspective of management, corporate people play different roles in management. Therefore, corporate people are divided into management subjects and management objects. However, these different roles are based on the activities of the other party. As a prerequisite for their own activities. From the perspective of the essence of people-oriented management, people-oriented management is a people-oriented management philosophy and management system.

Second, the principle of emphasizing the needs of people and focusing on motivation. It will focus on making corporate members respectful and self-fulfilling satisfaction, that is, ensuring that employees participate in the decision-making of major issues of the company, in the team, negotiate with the leader to formulate team goals and personal goals, and implement goal management.

Thirdly, adhere to the principle of creating better conditions and methods for training and education, and optimizing and perfecting the mental model of business people. The establishment of this principle is based on the basic concept of "management is training". The training provided by corporate organizations for employees not only focuses on the adaptability of employees to high positions, but also focuses on the adaptability of employees to the external environment of the company.

Fourth, the design and structure of a human-oriented management organization should follow a unified and effective, reasonable range, corresponding power and knowledge, a combination of line supervisors and aides, a balance and appropriateness of centralization and decentralization, organization and The principle of status flexibility.

Fifth, the principle of the common development of people and organizations. The establishment of this principle is based on the consideration that human-oriented management is not an extra work of enterprise management but that human-oriented management leads all the work of the enterprise, so that the enterprise organization can achieve the expected development performance while promoting the free and comprehensive development of people.

Definition analysis

Management model is a set of specific management concepts, management content, management tools, management procedures, management systems and management methodology designed on the basis of management humanity assumptions The system and repeatedly apply it to the enterprise, so that the enterprise is conscious in the operation process; the management rules to be complied with.

The management model is structurally speaking, it is a high-level generalization of the management method thinking and framework. It is often abstracted into a few words. From the management model, it is impossible to see the manager’s specific management methods and thoughts. . For example, A management mode (a management mode currently being promoted), dual management mode, network management mode, only literally can not tell what the content is.

The management mechanism focuses on the internal restraints and constraints between management objects. Through this mechanism, management systems, methods, and programs can be implemented well. Some people call the management mechanism a management system. Operating mechanism. To give a small example, the sanitation of the company compound is always destroyed, and the responsibility of the office cannot be solved very well. Because office staff work indoors most of the time, there are time constraints in completing outdoor tasks. At this time, it was a mistake in management methods and a lack of management mechanisms. If the security personnel are in charge of health inspections, the situation is different. Most of the working places of the security personnel are outdoors, allowing them to supervise the health maintenance status, which has a good effect. The health system has changed from office personnel and saboteurs to security personnel and saboteurs. This is a change in the management mechanism. But it cannot be called a change in management mode. The model is a macro view.

The central task of management is to manage people. The mode of management determines the content of management. From the establishment of the enterprise management system by the pioneer of management Robert Owen, to the emergence of Taylor's scientific management theory, to the establishment of management theories, the management mode has also undergone many changes.

Mode is a standard form or fixed format of a certain thing. The English expressions related to management mode include: Management System (management communication) and Management Model (management model).

The definition of management mode is a set of operating system that is solidified in the management process starting from a specific management concept. It can be expressed as a formula: management mode=management idea+system structure+operation method, it can be simply expressed as:

management mode=idea+system+method

MS=f(i )+f(o)+f(s) (IOS model)

where MS: Management System

I: Idea/Ideology

O: Operation/ Organization

S: Stratagem/Strategy

Management model, in layman's terms, is the difference between an enterprise's management system and other enterprises, from the perspective of institutional economics, including The two aspects of the formal system and the informal system are the most basic different characteristics of enterprises in terms of management rules and regulations and corporate culture. Generally speaking, companies in different countries have different management models, and the same company has different management models in different periods. In theory, the more recognized management modes include Japanese management mode and American management mode. Different management models determine the differences in their management characteristics. For example, the American management model is characterized by encouraging individual heroism and ability as the main assessment feature. Its main performance in management is standardized management, system management and regulatory management. Scientific management with the legal system as the main body. The Japanese management model is characterized by an annual merit order system with collectivism as the core and a decision-making system based on endorsement, emphasis on interpersonal relationships, and emotional management such as the supremacy of collective interests and familialism.

Main categories

Management models can be roughly divided into: traditional/hierarchical model, interpersonal relationship model, system model and modern humanist management model.

1) The traditional/hierarchical model focuses on the improvement and improvement of the management system and management technology within the organization, emphasizing the construction of formal or informal groups within the organization, with the purpose of improving the efficiency of the organization and implementing an equal approach to employees Management.

2) Under the system model, the focus of management shifts to focus on the integrity and objectives of the organization, and emphasizes the overall coordination between people, between people and departments, and between departments and departments , Implement collaborative and interactive management of employees.

3) The humanist management model emphasizes people-centeredness and emphasizes the role of individuals in the organization. The central task of management is to mobilize employees' enthusiasm for human resources management and development. It is to make the organization more dynamic and implement democratic and open management of employees.

Factors to consider

(1) The content and scope of enterprise management

Management involves three factors: productivity, production relations, and superstructure. Content at all levels. Specifically, productivity includes the interrelationship between nature and humans, and the interrelationship between technology and technology; production relations are also called economic relations, including property rights, labor cooperation between people, and the final distribution of products; The superstructure includes the value orientation of the company; the specific content of the corporate culture and the corporate system. From the above, it can be seen that the content of enterprise management is very rich and extensive.

(2) Cultural basis

Management is a science, an art, and even a cultural phenomenon. The management of a country is closely related to the country's traditional culture. The cultural foundation of management is mainly embodied in two aspects; on the one hand, any management is rooted in a culture, and the social cultural background is the soil and environment on which management depends. What kind of social and cultural environment is required What kind of management behaviors and methods are compatible with it, because the social and cultural environment is objective and relatively stable, and it is an objective existence that does not depend on human will. If management is rooted in culture, if it can adapt to it and meet its characteristics and requirements, the management effect will be good, management efficiency will be improved, and labor productivity will be improved; if management does not adapt to culture, the management effect will be poor, even Cause management to fail. On the other hand, culture can be developed and utilized, and cultural background, cultural characteristics, and cultural content can be borrowed as specific management methods to use the connotation of culture itself to establish corresponding management methods. The interest of modern management research is increasingly concentrated on the study of management culture, and it is believed that borrowing culture as management is one of the most effective management methods.

(3) National conditions basis

As the main content of management is productivity, production relations and superstructure, it is specifically expressed as social system, cultural resources, Ways of thinking, values, history, geography, ethnicity, science and technology, production conditions, etc., and these contents are different from country to country. In particular, the previous talk about traditional culture has a greater impact on the specific content of business management. Therefore, the management of enterprises in any country is based on its own national conditions and is understood and accepted by its people. The production relations and traditional culture determine the peculiarities of enterprise management in different countries, which is also an important manifestation of the vitality of enterprise management.

(4) Advanced and forward-looking

On the one hand, the establishment of a management model must be based on the current productivity conditions, on the other hand, it must also make full use of The existing development results of management science theory, especially some of the more cutting-edge theories and ideas, such as innovative management concepts, knowledge is the most important resource concept, enterprise reengineering theory, learning enterprise organization theory, rapid response concept, and organizational structure inversion Theory, cross-cultural management concept, management ultimate goal concept, strategic flexibility management concept and a series of theories and concepts. Through the thorough application of them, it can greatly improve the advanced and forward-looking nature of the management operation mode, and make it have a longer period of vitality.

New concept

Change is eternal and unchanging. Any existing and conventional management model will be replaced by an innovative management model. Management innovation is the main theme of management. Today is different from yesterday, and tomorrow will be different from today. The result of a concerted effort of all the past will also be like this tomorrow" --- Rehn's "Evolution of Management Thought." The management model should be perfected and improved in the course of continuous development. Instead of sticking to the old rules, we should pay close attention to the current dynamics and trends of management development and revise the management model.

(1) Knowledge has become the most important resource

The world economy has developed from agricultural economy and industrial economy to the era of knowledge economy. Due to the development of society Knowledge has become the most important resource, knowledge plays a pivotal role in the creation of social wealth, and knowledge has become an important tool for material creation.

(2) Enterprise reengineering is a revolution in management

Since the 1990s, western developed countries have risen a revolution in enterprise reengineering, which has been hailed as It is a revolution from "caterpillar" to "butterfly", and it is also considered to be the second management revolution following total quality management. Enterprise reengineering is different from traditional management models in two aspects: one is from the traditional top to bottom The management model of the company has become a value-added management model of the information process; the second is that enterprise reengineering is not a gradual transformation on the basis of the traditional management model, but emphasizes starting from the root.

(3)Learning organizationThe model of the future enterprise

The learning enterprise organization It was first proposed by Peter Senge in "The Fifth Practice". He believes that to achieve a learning organization requires a solid foundation in these aspects: systematic thinking, self-transcendence, changing mental models, establishing common aspirations and team learning .

(4) The inversion of the organizational structure--the large-scale transfer of power in the future organization

The traditional organizational structure is pyramidal, the top It is the president of the company, then the middle level, and finally the grassroots level. The command key is from top to bottom, the decision comes from the top level, and the bottom is the execution level. However, the most exposed to the market is the grassroots. In the ever-changing era, the personalization of customers has become increasingly prominent, and it is required to invert the above-mentioned pyramid structure, which should be: customers-front-line staff-management personnel. Now the decision is made by the front-line staff, and the upper-level leadership has become a support service.

(5) Cross-cultural management-handle well the blending and conflicts between different cultures

The globalization of corporate competition will inevitably bring about management activities Internationalization, management activities are fully influenced by people’s values, ethics, and social customs. When combined with different cultures, different management cultures and management styles are formed. How should China establish an existing Chinese culture? Characteristics, a management culture model that absorbs all the advanced and advanced achievements of human beings is an issue that urgently needs in-depth study

New management model

First, pay more attention to people rather than jobs . Nowadays, management is basically based on job analysis. I think if humanized management is to be achieved, the starting point may be more people-oriented.

Second, more attention must be paid to ability than performance, and short-term behavior is combined with long-term benefits.

Thirdly, it pays more attention to development compared with salary, and pays attention to both material and spiritual.

Intellectual Property Management Model

The Intellectual Property Management Model of European and American Universities and Its Enlightenment

Under the background, the acquisition, transfer and licensing of intellectual property rights are becoming more frequent, and a perfect and efficient intellectual property management model has become the key to perfecting intellectual property management and regulating the marketization of intellectual property rights, and has become an important part of the management system of colleges and universities. . The intellectual property management system of Chinese universities is in the early stage of development, and the intellectual property management models of various universities are not the same, and there are also many problems. Based on the analysis of the current situation of intellectual property management models of Chinese universities and colleges, based on the comparative study of the intellectual property management models and experiences of European and American universities, the solution to the problems existing in the intellectual property management models of Chinese universities is proposed.

The ship intellectual property management mode of colleges and universities

With the large-scale development of industrialization and market economy. Institutions of higher learning as a technical aircraft carrier with high-tech innovation capabilities and marketing capabilities. It is actively playing its important role in technological progress and human development. With the advent of the 21st century, the innovation ability and intellectual property protection awareness of my country's institutions of higher learning have entered an unprecedentedly high development period. Take the number of patent applications as an example. As of 2008, the cumulative number of invention patent applications in my country's universities was 121,413if-, and the number of utility model applications was 43,756. The number of design applications was 11,977. The total number of applications for the three types of patents is 178,684. Since 1998, the number of patent applications in Chinese universities has been increasing at a rate of not lower than 5=20% per year. In 2008, the number of applications for the three types of patents in my country's universities was 45 145, an increase of 38 I% over 2007. Among them, the number of invention patent applications was 30,808, an increase of 33.9% compared with 2007. The number of utility model patent applications was 9,362. This is an increase of 46 8% over 2007. The number of design patent applications was 4,975. An increase of 50 7% over 2007"1. The current market-oriented development of university intellectual property rights requires universities to establish a sound intellectual property management model to better manage the intangible capital of intellectual property rights

1. Problems in the management model of intellectual property rights in China’s universities

In terms of the management model of intellectual property rights, since Chengguo’s colleges Some colleges and universities are still in the process of establishing a system and management structure in the year of 1989. At present, China’s colleges and universities have made certain progress in intellectual property management. However, due to many constraints, there are still many problems and deficiencies.进一步的改善。

(一)知识产权管理机构不健全。缺乏知识产权管理专业人才

目前,稳国高等院校的知识产权管理模式仍然处在初级阶段,目前大约有40%的大学仍然没有建立知识产权管理的专职机构,以挂靠式管理模式为主。形式大于内在;而在其他采用独立管理模式(包括集中管理模式和分散管理模式)的大学,集中管理模式过于粗疏,执行力不足,很难将学校的知识产权政策具体落实到每个院系和科研单位,分散管理模式又呈条块分割协调力差,各部门职能模糊。虽然有统筹管理机构但其整体没有形成有机的管理体制。这导致工作效率低下、运作不畅。由于缺乏专业的管理人员,科技主管机构往往会把知识产权管理局限在成果管理的层面,而不能对知识产权产生、评估许可转化等进行多方面、全方位的统筹考虑。有时这还会造成高忮知识产权流失等严重的同题。

(二)高柱知识产权管理中技术转移工作不够完善

技术转移工作已经成为国际高校知识产权管理的重要部分。然而,目前我国的高校知识产权管理模式并没有以技术转移作为工作重心.而是围绕着论文数量、专利申请量、职称评定、各类奖项{果趣申请等展开工作。这导致大量技术成果通过学术论文或学术会议被公开,丧失了获取知识产权保护的机会。在技术转移过程中也存在问题:高校的很多技术都没有体现出知识产权的价值.而作为技术转移的廉价附带技术转移了出去。

(三)高校的技术成果存在问题

我国高校的技术成果存在“过高”和“过低”两个问题。“过高”可分为三个万面:一是指高校承担着很多理论性研究,形成的技术成果大多偏重理论,市场化条件差;二是指高校承担的技术研发多属于高、精、尖技术.企业的接受和转化能力不足.造成这类技术实施困难;三是指高校的不少研究项目都是综合技术.只有对市场非常熟悉的资耀技术转让人员.才能够提炼出适宜产业化的技术。所谓“过低1主要指高校的研发单位人员流动大,项目持续期短.很璀对一项技术进行持续的深入研究。正是由于我国知识产权制度建立较晚,知识产权管理模式仍处于初级阶段,已不能适应我国经济飞速发展以及世界经济发展垒球化的需要,改革目前高校知识产权管理模式已是当务之急。在这方面,经济发达国家知识产权横式建设的发展和宴战为我们提洪了很好的经验。

二、欧美国家高等院校的知识产权管理模式

欧美各高校的知识产权管理模式都是以技术转移为主要内容。近年来以技术转移为中心,知识产权管理工作随着技术进步得到了进一步的发展,管理范畴得到了进一步的拓展。欧美高等院校知识产权管理模式一般由三大部分构成,即行政决策机构、执行协调机构和校内纠纷解凌机构(详见圈一)。

行政决策机摘行政决策机构主要承担制定本枝知识产权管理基本政策的职能,如哈佛大学的知识产权管理政第就由“啥佛大学董事会”制定并承担修改和解释的权利,加州大学则由大学董事会授权校长制定井修改与知识产权相关的政策。由此可见.知识产权管理体制的行政决策机构是高等院校的最高投利机构。知识产权作为高等院校的无形赍产,关系到高等院校的发展和综合竞争力,而知识产权管理所涉及的内容也十分复杂,包括研发需要的资金来源和组成方式,研究方向是否具有前瞻性、是否符合本校的发展方向,技术转移的比例和方式,科技成果的投属问题,技术转让和许可及收益的取得和分配,知识产权是否涉殛商业秘密,以及对发明创造承担单位的奖蹴制等同题。知识产权的重要性和所涉政策的高度决定了只有学校最高权利机构才能散出决定。为了确保知识产权政策制定及恪改的完善性.监督此类政策的实施,各高等院校还设立了政策监督咨询机构.这些机{勾是在高等院校的行政管理体系中独立设立的相关委员会,监督知识产权政蕞的执行.并提供政簟的修改和补充方面的建议。例如.美国乔冶城大学由校长任命成立知识产权委员会,委员会成员由主管技术许可的副校长、校财务主管、枝法律事务主管以及11名教师组成,定期集中召开会议,鱼责对高等院校的知识产权政策的制定和悟改.以及解释提供咨询和建议“1。这些机构的成立及运营确保了高等院校知识产权政策的客观性和专业牲.井保障了高校知识产权政策的持续性发展。通过政策监督咨I旬机构,高等院校董事会可以获得具体执行部门的实际工作情况,了解井及时更新待解决问题的信息.因而可以做出更为积极有效的决策。

(二)执行协调

执行协调机构主要承担贯彻实施高等院校知识产权政策的职能,由于知识产权政策的实施需要多个部门的配台.所以该职能往往由独立机构承担。目前主要有三种知识产权政箢实施执行机制的组织形式。

1内设机构的组织模式内设机构组织模式包括内设统一管理模式和内设分散管理模式。

(1)内设统一管理模式。有的高等院校在枝内设置了对相关知i}{产权事务进行统一管理的行政机构,例如麻省理工学院内部设置的“技术许可“办公室,该办公室由贫责大学实施知识产权政策职能的校长或副校长直接领导.下设专利事务处、商标事务处和著作权毕务处三个部门.其职能几乎涵盖了全校的知识产权事务。这种管理模式的优点是有利于政镀的集中藩宴.宴现政策实施的统一性;缺点是机构规模会随着所承担的管理事务增多而日益庞大,从而增加了大学的行政成本。

(2)内设分散管理模式。很多高等院校在校内设置不止一个行政机构,分别对专利、商标、著作权进行管理,例如杨伯翰大学设有“技术转移办公室”,处理专利申请、专利保护、专利转让和许可等方面的事务,还设有“著作权许可办公室”和“创作作品办公室”负责校内著作权的登记、保护与转让。这种分散的管理模式与上述统一管理模式没有根本的区别,但是容易造成各为其政的局面,这不利于工作的协调性和统—性。然而,内设机构是围绕着“技术转移”来设立的。根据美国专利法的“先发明原则”,不少大学要求校内人员将其发明创造对学校的相应部分进行“申报”,如果学校采取的分散式管理模式,那么这类管理机关应包含申报信息管理、技术评估管理、技术许可及转让管理、收益分配的管理等相应部门,以系统管理技术转移的各个方面:发明资金来源的审核、发明内容的解释和分类、发明实验验证的判断和搜集、发明的评估、专利申请的管理、技术许可或转让管理以及技术转移收益的分配等。这}羊管理的优点在于学校可以对本校的技术成果进行系统有效的管理,对技术转移的收益进行有效合理的分配和利用。针对具体实施中出现的各部门管理权限交叉环节,高校可以制定有针对性的具体操作规章,增强各部门之间的协调能力。

2.外设机构管理模式外设机构管理模式包括外设基金会管理模式和外设公司管理模式。

(1)外设基金会管理模式。这些基金会往往由大学校友和大学董事出资设立,实际上由大学控制和运作,大学通过它们对本校的知识产权事务进行管理。成立于1925年的“威斯康星校友基金会”是此类基金会的代表。大学知识产权决策部门对基金会的掌控能力、基金会自身的运作能力以及基金会与大学相关部门的协调能力是这种管理模式发挥应有职能的前提。这一管理模式的优点在于利用了原有的资源,减少了大学内部行政成本,加强了管理的专业性和时效性,有禾I}于技术海眵。

(2)外设公司的管理模式。某些高校通过由高校设立的具有独立法人地位的研究开发公司对本校的知识产权事务进行统一管理。该模式的典型代表是剑桥大学设立的全资公司“剑桥有限公司”。这种管理模式的优点在于:研发公司作为独立法人而存在,它在商业运作上具有先天优势,非常有利于知识产权的转让和许可。

3.委托外部专业公司管理模式有的高校委托社会上独立的商业公司代为管理本校的知识产权事务。其中最具代表性的是美国的“学院许可公司”,这是一所从事商标管理和开发的专业公司,至今已有100多所高校委托其代为管理这些大学的商标转让和许可的事务。这种模式最具优势之处在于整合了最具商业效率的社会资源,利用一个现有的商业平台进行技术转移,这远胜于各高校各自为战的局面。实际上。外设机构和委托外部专业公司管理模式都将知识产权管理工作设置在学校以外。这两种管理模式是技术转移活跃的高校的首选。以专利为例,大学通过上述的外设管理机构以对外许可的方式将自己的专利技术市场化,美国大学专利许可的对象近70%是中小企业,这些中小企业中有不少是基于这项专利技术而成立的新仓Ⅱ公司,一般在技术许可的过程中,大学会给被许可方3-6个月的时间便于对方进行市场可行性调查,筹集资金并寻找合作伙伴,在这段时间内,外设管理机构可以利用自己丰富的市场资源为被许可方介绍风险投资,甚至介绍合作伙伴以协助完成技术转移。圈校内纠纷解决机构针对高校内部知识产权管理执行工作中必然涉及的政策解释、权属纠纷、技术转让或许可的奖励等方面产生的纠纷,欧美大学设立了纠纷解决机构,该彻构的组成包括两种模式。

1.兼任纠纷处理职能的机构很多高校的政策监督咨询委员会同时兼任校内知识产权纠纷的处理机构,如哈佛大学的“知识产权委员会”同时也解决因政策解释引发的争议和纠纷。处理纠纷的机构本身就是制定政策的咨询建议单位,对政策的理解要优于其他棚构。

2.专设的纠纷处理机构有的高校设立了专门的纠纷解决机构。例如,剑桥大学由大学董事会设立“大学技术仲裁员小组”并任命一名主席,对提交的纠纷由主席指定一名仲裁员进行听证并做出裁决,不服仲裁员的仲裁时,参与方可提出上诉,由教务主任、理事会根据具体情况组成3-4人小组,做出具有约束力的裁判。专门机构的独立性确保了裁判结果的客观性与公正性,也对鼓励创新和建立公平合理的知识产权管理机制起到了保护和推动的作用。综上所述,欧美高等院校的知识产权管理体制成熟严谨,设立了完善的行政决策机构、监督机构、执行协调机构和纠纷处理机构,形成了一套完整的管理体系。这对管理体系松散的中国高校而言具有很强的借鉴意义。此外,欧美高等院校

在知识产权管理工作中十分重视技术转移工作,特别是内设执行机构更有利于当今技术转移活跃的高校。欧美高校知识产权市场化程度远远高于中国,其外设机构和委托外部专业公司管理模式能够增强高校应对市场变化的能力,拓宽科研经费来源。

三、对我国高等院校知识产权管理模式的思考

改革开放以来,我国的知识产权制度得到了全面发展,取得了举世瞩目的成就,我国高校的知识产权能力建设也得到了进一步的重视。但是,我国知识产权工作尤其是高校的知识产权工作还处于发展的初级阶段,知识产权的总体状况与国家经济和社会发展需求还不相适应。比较分析欧美高校的知识产权管理模式,我国高校在知识产权方面还存在较大差距,必须

加强建设。针对本文提出的我国高校知识产权管理模式存在的问题,在对欧美发达国家(以英国、美国为代表)的高校知识产权管理模式进行分析的基础上,笔者认为,要完善我国目前的高校知识产权管理模式,当务之急是要做到以下几点:

(一)完善高校知识产权管理工作体制

由于我国高校知识产权管理体制还处于初级发展阶段,导致决舅誊阴构的管理过于制和经费的限制,不太可能仿效国外高校设立一整套完备的知识产权管理体制,分散式的管理模式可能会长期存在。这就需要有一个比较“集权”的统筹部门来进行规划和协调。笔者建议,该部门的工作人员应有明确分工,按院系划分工作人员具体负责范围,工作人员要做到深入一线,对相关工作进行具体指导,同时可以将某些具体工作委托给外设的专业公司进行代管,但必须签署具体合同,明确双方的权利义务。

(二)将技术转移确定为我国高校知识产权管理模式的工作重心

目前,我国的高校知识产权管理模式并没有以技术转移作为工作重心,而是将提高专利申请量或专利授权量作为主要工作内容,这是由国家乃至高校本身的考核评价体系所决定的,在考评体系中,专利申请量或授权量是评定职称或获得科技成果奖项的主要考核指标。这一考体系制约了技术转化的发展,导致在技术成果形成的早期阶段,包括项目选题、研发方向、实验阶段、技术披露和专利申请以及专利权维护等方面都存在不少问题,例如,在选题立项阶段偏重理论研究,较少考虑实际情况和市场化因素;很多专利技术都停留在实验室阶段,难以形成产业化政府在高校科研经费中的投入呈逐年上升趋势,而企事业单位的投入反而稳中有降。欧美高校的科研经费来自政府的投入不足30%,其他70%来自于企业、研究机构自身和社会民间的赠予。因此,大力提高高校技术成果的产业化转移是增加科研经费投入的主要措施。

(四)建立健全高校的技术成果转移转化平台

高校以专利技术成果为主体的知识产权要实现尽快转移转化,首先要在体制上适应这种需要,建立健全高校的技术成果转移转化平台,并且使这个平台与企业的研发中心接轨,使高校在研发上与企业研发建立有机联系。目前,国家在7所高校成立了国家技术转移中心1,这些国家技术转移中心形成了各有优势和专长的

技术转移平台,全国的高校可以通过这些平台进行广泛的技术开发、推广和孵化活动。

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