| Summary: | 碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 101 === The study is focused on the research and development (refered as R&D) results created by government-sponsored university-industry cooperation, owned by the universiry from the authorization of article 6, Fundamental Science and Technology Act. The university owns the research and development R&D results, as well as patent rights, from authorization of government. The patent which was created by inventor is deemed as employed to invent by the rule created by the university. By reference of American and Japanese court’s decisions, the study suggests that inventor should be vested as engaged to invent.
March-in Rights, the administrative disposition were executed to the condition, such as the R&D result is not utilized effectively within a reasonable time period without appropriate reasons, the result hinders environmental protection, public safety, or public health, and advances significant interests of the nation. The study refers to the cases in American and suggests that a third party licensed to implement the research and development result ascribes from non utilization within a reasonable time period without appropriate reasons a reasonable time period without appropriate reasons. Reclamation of the result by the funding agency as national property is from hindering environmental protection, public safety, or public health, and advancing significant interests of the nation. The remedy should be considered before execution of march-in rights.
The administration of the R&D result is a good way to utilize the resources from government. Trust and secutitization services are effective ways for administration of the result before effective utilization. They also help to collect fund for R&D implementing unit. Due to the consideration of the nature of speclization, the study suggests that services can be operated by the cooperation of authorized organization and financial institution by support of government.
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