R2B合同:与大学和其他非营利性研究组织签订合同时的复杂性和考虑因素
Mark Anderson1, Brian A Coblitz2, Jorge L Contreras3
1Managing Partner, Anderson Law LLP, and Honorary Professor, Faculty of Laws, University College London, Oxfordshire, England UK.
概括
研究实践实体 (RPEs) 在与商业企业签订合同时面临挑战,原因是优先级不同. 了解各方的需求可以减轻行业合作中的挫折感.
科学领域:
- 科学研究和科学开发.
- 知识产权管理知识产权管理
- 组织间合作 组织间合作
背景情况:
- 研究实践实体 (RPEs) 参与与商业企业的合作,以获得研究资金和知识产权许可.
- RPE优先考虑知识的产生,传播和公共利益,通常以法律和资金的授权为指导.
- 商业企业有不同的优先事项,专注于私人利益,导致潜在的冲突.
研究的目的:
- 描述RPE在与工业签订合同时遇到的法律和文化特征和约束.
- 突出RPE与商业实体之间优先事项和决策过程的不匹配.
- 为减轻行业与RPE合作中的挫折提供见解.
主要方法:
- 分析影响RPE产业合同的法律和文化因素.
- 检查利益相关者参与RPE的采购决策的情况.
- 审查冲突的潜在来源和缓解冲突的战略.
主要成果:
- 风险投资企业的主要任务是产生和传播知识,以及他们为公共利益而采取行动的义务,可能与行业的私人利益相冲突.
- 在RPE中涉及多个内部利益相关者增加了决策过程的复杂性.
- 优先事项和决策的差异导致在合同谈判和履行过程中感到丧.
结论:
- 了解RPE和行业的不同优先事项和需求对于成功的合作至关重要.
- 积极的沟通和对各方限制的明确理解可以减轻合同挑战.
- 成功的行业-RPE伙伴关系需要克服法律和文化差异,以协调共同利益.
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