| 中文摘要 |
合約是交易中最基本的管理機制,技術性合作可以被視為是一種交易,雙方當事人各自擁有自己的權利與義務,並在其中獲利與付出。許多政府將產學合作列入科技政策中。我國目前設有育成中心的大學已經超過六十所,國科會每年補助產學合作亦有數百件,而各大學與產業從事技術合作的計畫更不計其數。雖然各執行單位已有制式的產學合作合約,但在某些特定領域的合作上不甚理想。本研究的焦點放在大學與產業間從事各種合作研究情境的合約上。本研究有系統地收集有良好經驗之美國大學的各種產學合作合約。當這些合約收集完成,分析者開始分解每一項條款並將其法律上的含意轉變為管理含意。當每一項合約條款的管理含意被轉換後,接下來開始進行整合的工作,區分為共同條款與特定條款。最後本文提出一份檢核表,作為理論架構與起草合約的參考基礎。Agreements are the most fundamental managerial mechanism in transaction. The technological cooperation may be regarded as a transaction. Within the processes, both interested parties have their own rights and obligations to make contribution and harvest. Many governments have embodied the industry/university cooperation into their science and technology policies. There are more than 60 universities which established incubator centers in our country. The National Science Council provides financial supports to such cooperation projects every year. Moreover, other cooperation projects are numerous. Each executing organization already had its own general style industry/university cooperation agreement form. In several areas of industry/university cooperation, this kind of agreement is not suitable. This study focuses on the provisions of industry/university cooperation agreement for transactions in various circumstances. Similar studies are rarely done domestically, only some fragmentary papers were found. In this study, all agreements were from American universities which had good experiences in this area. After the agreements are collected, the provisions in each agreement are analyzed, and their legal meanings transformed into equivalent and inherent managerial meanings. When the transformation had been accomplished, the integration work followed. The common and special provisions were identified and categorized. Finally, a checklist was proposed to show their academic framework and offer as a structure of drafting an agreement. |
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