Impacts of ‘Science and Technology Basic Act’ on National Universities in Taiwan

Impacts of ‘Science and Technology Basic Act’ on National Universities in Taiwan

 

Title
Impacts of ‘Science and Technology Basic Act’ on National Universities in Taiwan
Author
Shun-Liang Hsu, Chia-Tien Wu
Keywords
Science and Technology Basic Act, Bayh-Dole Act, National Property, Public Servant, March-in Rights
Abstract
Along with the rise of global knowledge-based economy, the government of
Taiwan has laid much emphasis on the development of science and technology.
Although there are relevant Articles addressing this issue in Constitution, it seems
that the regulatory framework is still abstract. To follow the footstep of ‘Bayh-Dole
Act’ in the United States, Taiwan promulgate ‘Science and Technology Basic Act’
in 1999. Subsequent amendments were done in 2003 and 2005 respectively. In
2011, the law has gone through another major modification, which obliges the government
to raise annual budget for science and technology development, to provide
substantial supports in human resources as well as infrastructure improvement, and
to waive the research results from national property regulation. In addition, the establishment
of an ad hoc research fund for Academia Sinica was consented. All
these relaxations in law help create room for more research and development freedom.
Nonetheless, detailed bylaws making does not catch up accordingly. As a result, either public servants in national research organizations or national university
teachers are still subject to the old restraints. Moreover, relaxations in law also attract
the attentions of patent trolls as an easy access for them to try to take advantage
of the research results for generating profits. This paper proposes both shortterm
and long-term solutions to better the current regulatory framework. Detailed
implementation rules with legally binding forces are needed to further define
‘march-in rights’ in terms of scope and procedures. Long-term solution is also suggested
to make a new law to regulate research activities between academia and the
industrial sector.
Abstract Article

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