| Summary: | 碩士 === 國立中興大學 === 法律學系科技法律碩士班 === 103 === There are three aspects during the process of licensing between university and industry. The first one is legislation. Because the technical fundamental law and related authorities haven’t established a consistent law order, this paper will give some legislative advice on the context of legal system and try to reorganize related licensing law by comparing the Bayh-Dole Act of US with Technology Transfer Promotion Act of Japan. Second, universities should evaluate the effectiveness of licensing and maintain the essence of the technology skills appropriately so the technology transferring office can adopt a clear licensing strategy. Finally, signing the contract of licensing. The paper will mainly discuss about five provisions both sides should deliberate on when signing the licensing contract to emphasize its importance.
There are five aspects to inspect the licensing agreement. First of all, a reasonable royalty and methods of license depend on choosing a proper licensing model. Second, because the contract involves three parties, during the period of licensing, it is difficult to monitor of licensee. Therefore, the third aspect is that licensor must request to sign Confidentiality and Nondisclosure Agreement to protect all highly confidential documents. Fourth, the penalty of licensing agreement should also be drawn up according to different circumstances of breach contract. At last, if it’s transnational license, we need to consider how to choose the law and consent to jurisdiction in advance.
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