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REGULATIONS ON OWNERSHIP AND USE OF GOVERNMENT- FUNDED R&D RESULTS AMENDED
Christina Chao
On 12 March 2003, the Executive Yuan amended its Regulations Governing the Own-ership and Use of the Results of Government Scientific and Technical Research and Devel-opment. The main points are as follows:
The old Article 4 of the regulations already provided that when the results of govern-ment-funded R&D performed by an R&D in-stitution or enterprise are owned by the insti-tution or enterprise, the government shall en-joy a non-exclusive right to use such results free of charge, except that where the govern-ment provided less than 50% of the total funding, the rights accruing to the government shall be agreed between the parties. The amended article includes a new provision that such government rights shall not be trans-ferred to third parties.
A new Article 6-1 provides that the funding agency, R&D institution, or enterprise may cease payment of annuities or other payments required to maintain intellectual property rights.
The old Article 9 provided that a government agency that conducts R&D must pay 50% of any income deriving from its R&D results to the funding agency. The amended article re-duces this proportion to 20%, which is the same as is payable by academic institutions and the Academia Sinica.
