Patent regulations eased to try to halt ‘brain drain’

 By Shih Hsiu-chuan  /  The legislature yesterday eased regulations on the transfer of patented technology and the rules on participation by public-payroll researchers in the private sector amid calls to create a friendlier business environment in the ever-intensifying global battle for talent. "The move will facilitate the return migration of professionals," Academia Sinica president Wong Chi-huey (翁啟惠) said in response to the passage of the amendment to the Fundamental Act of Science and Technology (科學技術基本法). The current law stipulates that intellectual property rights (IPR) on projects in the scientific and technological research and development areas subsidized, commissioned or funded by the government belong to the state and are subject to the National Property Act (國有財產法). Lawmakers agreed to exempt IPRs resulting from research projects at public schools, public research organizations and public enterprises from the National Property Act, meaning the act would not apply to those institutions with regards to the acquisition, management, utilization, disposition and revenue accrued from the rights. National Science Council Deputy Minister Chen Cheng-hong (陳正宏) said the relaxation of the rule was designed to shorten the time required to transfer patents. "Currently, the patent application process is a time-consuming process. It usually takes at least one year. By then, there is no market for the outdated technology," Chen said. The law was also amended to allow researchers at public schools at the junior level colleges and above, or at public institutions, to acquire more than a 10 percent stake in a company through investment of technology and to double as a member of a board of directors or a board of supervisors at a company. Currently, researchers on the government payroll are subject to a 10 percent ceiling when acquiring a stake in a company and they are barred from taking up managerial positions in the private sector under the Act Governing the Employment of Educational Personnel (教育人員任用條例). Chinese Nationalist Party (KMT) Legislator Nancy Chao (趙麗雲) said a statement issued by a group of academic, business and media leaders led by Wong in August urging the government to address a "brain drain" and recruitment difficulties had helped push through the amendment. Chen said the amendment would help prevent incidents such as that involving Chen Yuan-tsong (陳垣崇), a top researcher credited with developing a drug to treat Pompe disease, who was once suspected of illegally profiting from the transfer and sale of patented technologies. In June last year, Chen Yuan-tsong, then-director of Academia Sinica's Institute of Biomedical Science, was charged with corruption over the transfer of drug technology to a company run by his wife. Chen Yuan-tsong and Academia Sinica denied any wrongdoing. Prosecutors closed the case without indicting Chen Yuan-tsong.