A Study on the Prevention of Conflict of Interests in Industry-University Cooperation

• Main Authors: CHIOU, JYH-LIH, 邱至立
• Other Authors: WANG, WEI-LIN
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/65061959053026777946

碩士 === 東吳大學 === 法律學系 === 104 === The main object of study of this thesis is the Prevention of Conflict of Interests(COI) in Industry-University Cooperation. And the current system and criteria in relative to the insufficiency of the Prevention of conflict of interests on the aspect of research institutions of cooperation of the industry-university shall be also studied in comparison with the system and criteria carried out in research institutions of cooperation of the industry-university in the United States of America. It will be presented out to improve our current criteria or standards through the interpretation in this thesis. This thesis is divided into six chapters, it will be summarized as follow. Chapter 1 provides the motive, purpose, method, and scope of the study. Chapter 2 introduce the definition and category of the Conflict of Interests to make the reader understand that the category of COI is divided into two parts, that is COI of institution and COI of individual. The COI of individual may be separated into COI of finance and COI of promise. There are there approaches to prevent the COI to be introduced with the well-known cases to assist the explanations for your reference. There are three ways provided by researchers to restrict or manage the prevention of COI: 1). to set up the inside rule and carry out in real; 2). to establish a buffer institution; 3). to strengthen the administrative rules. Those measures may be provided to improve the relationship of industry-university cooperation, decrease the impact of COI to the main interests of industry-university. Chapter 3 introduces the legislation on the technology and relative rules; the disadvantage resulted from the implementation of Bay-Dole Act and the controlling system to prevent said disadvantages of the restricted access of Knowledge. And makes a brief introduction on the cases and reviews of March-in Right. Chapter 4 takes a bird's eye view on the current status of the implementation of industry-university cooperation, and the establishment and revision of the Science and Technology Basic Law. Chapter 5 compares the current control system and cases on the COI between Taiwan and America. Chapter 6 provides the conclusions and suggestion for the improvement on the rule of ours and American during the course of implementation of COI. And aims at the insufficiency mechanic system of prevention of COI, this thesis provides the suggestion for the reference of the institution of university and research. Keywords: Industry-University Cooperation, Conflict of Interest, Academic-Industry Cooperation(Collaboration), Bayh-Dole Act, Science and Technology Basic Law(or Fundamental Science and Technology Act), March-in Right.