The Approach of Commercializing the R&D Results of Public University

• Main Authors: Yu-Shun Chou, 周于舜
• Other Authors: Li-Jiuan Chen
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/12582240587291200572

碩士 === 逢甲大學 === 財經法律研究所 === 96 === For promoting industrial prosperity, Taiwan government has encouraged commercialization of university-developed invention and transfers technology from university to industry. This thesis approaches legal issues about commercialization of university-developed invention and focuses on the Fundamental Science and Technology Act § 6 and previsions relating technology stock in the Company Law. In Taiwan, The Fundamental Science and Technology Act § 6 is the legal basis for the technology transfer of university R&D results. In comparison with the Bayh-Dole Act in the USA, the contents of The Fundamental Science and Technology Act are insufficient and are complementary by office regulations and rules. Besides, universities have no right to decide whether or not to hold title to any inventions according to the Act. The Act does not grant universities any inducement to estimate, categorize and manage university R&D results in the initial stage. This thesis works on the relationship between university and industry, and makes a comparison of cooperation model of university and industry between American and Taiwan. According to the AUTM survey summary, American universities select and adopt exclusive licenses actively and prefer to authorize small business. On the contrary, Taiwan’s universities establish strict standard of adopting exclusive license. It is disadvantageous for spreading technology. Besides approaching the legal issues, this thesis works on advantages and disadvantages of university invention policy including Stanford University, Washington State University, National Taiwan University, National Yang-Ming University and National Cheng Kung University. This thesis also collects and arranges scholars’ opinion and cases to explain key points of technology licensing contract. The technology stock plays a key role for the commercialization of the university R&D results. This thesis focuses on both legal issues and viewpoints of accounting to figure out the problems relating technology stock in the Company Law. It will be outlined suggestions of this thesis.