台灣學術研究成果人格權糾紛之探究--從交易成本看師生新契約關係

• Main Author: 劉致妤
• Other Authors: 干學平
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/44943706595697060457

碩士 === 國立清華大學 === 經濟學系 === 93 === In 2001, the Federal Circuit finally addressed the issues of academic work by strictly protecting the rights of graduate students and student researchers. The related judgments show U.S. Congress and courts respect the idea contributions of graduate students and the importance of academic work assignment. However, there are few studies related to the collaboration between professor and student or the assignment of authorship and inventorship of academic work in Taiwan. Today, I want to explore the co-inventorship and co-authorship dispute over academic work in Taiwan. First, I use questionnaire to exam the collaboration between professor and student and the seriousness about co-inventorship and co-authorship dispute over academic work in Taiwan. Second, I analyze Taiwan and U.S Intellectual Property Law to show the mix between inventorship/authorship and ownership. I also illustrate the requirement for being a co-inventor or a co-author. Then, I state a new relationship between professor and student and point out the unmatched interface of professor-student relationship is one factor to cause the co-inventorship and co-authorship dispute over academic work. Last, I purpose one protection mechanism to reconcile the co-authorship and co-inventorship dispute over academic work in Taiwan.