Measures for Attribution and Application of Results of Government’s Research and Development of Technology will be Amended.　Exclusive License will be Allowed.

In order to have research results of technology that supported by government’s budget used properly, “measures for attribution and application of results of government’s research and development of technology” may be amended, deleting restrictions on “fair and disclosure,” which are among the three principles stipulated assigning and licensing research centers and school’s research results, and allowing research centers and school deliberate by themselves regarding whether to adopt exclusive license.

 

Upon devolution of intellectual property rights by the Science and Technology Basic Law since 1998, the Executive Yuan immediately enacted “measures for attribution and application of results of government’s research and development of technology.” Government authorities that use budgets to support research centers and school’s technology research, such as Ministry of Economic Affairs, Ministry of Education, Council of Agriculture, and National Science Council, all enact “measures for attribution and application of results of government’s research and development of technology” respectively according to this measure.

 

There are three principles defined in this measure, the contents are roughly as follows:  Restrictions on assignment and license of research centers’ research result shall follow the three principles: “be used by fair, disclosure, and non-gratuitous ways,” “be targeted on research centers and enterprises of our country,” and “be manufactured or used in areas under the jurisdiction of our country,” and these principles have caused difficulties for research centers and schools, making them hard to multiply patent value.

 

Currently, government authorities intend to delete words regarding “fair and disclosure” appeared in “measures for attribution and application of results of government’s research and development of technology,” and license research centers and school may deliberate by themselves regarding exclusive authorization or non-exclusive authorization. However, regarding whether to loosen restrictions on assignment and license of techniques outside the jurisdiction of our country and limitation for objects, they will further discussion. The emendation is estimated to be conclusive by the end of this year. (2005.7)

CYJ/CHA