The Social Responsibilities and Research Exemptions of Universities’ Technology Licensing Activities Under Fundamental Science and Technology Act

• Main Authors: Wei-Yo Hsu, 徐維佑
• Other Authors: Shun-Liang Hsu
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/87952085500893137841

碩士 === 國立中興大學 === 科技法律研究所 === 100 === The Fundamental Science and Technology Act is enacted for the purpose of establishing fundamental guidelines and principles for the government in promoting scientific and technological development. And the intellectual property rights and results derived from government funding projects may be conferred, in whole or in part, to the universities for ownership or licensing for use, and are not subject to the National Property Act. The Act provides an opportunity for universities to make profits from government-funded research. With the expansion of experimental-use exemption of Patent Law and the exclusion clause of universities’ licensing contract, universities are able to avoid responsibilities from patent infringement. But Universities carry various social responsibilities in the manner of technology licensing activities, which can be divided into four aspects, including: university management, education policy, professional ethics, and industrial development. To fulfill these social responsibilities of universities, this thesis provides several solutions, such as: 1. From regulation perspective: Legislative council should narrow down the range of research-use exemption. 2. From universities level: Universities can divide fundamental research from industrial research; also to in-list social responsibilities as part of the accreditation of universities. By doing so, a better balance between technology transfer and social responsibilities of universities can be achieved.