远程教育与大学的知识产权政策

Knowledge Creation and Intellectual Property Rights:Policy Considerations for Universities offering Distance Education

伴随远程教育市场的开发,知识产权问题日渐凸现出来。文章认为:(1)大学应享有其教师的发明专利权并实施专利转让制度,但对商业方法专利则应视具体情形而定;(2)大学宜以合同方法解决其与教师之间的作品版权归属问题,推行许可证制度;(3)在联合提供远程教育课程时,应注意可能影响大学品牌的诸多因素,如合作伙伴的选择、商标或标志的全球管理、当地法制要求及域名等,并以合作协议明确相关事宜。

With the rapid marketization of distance education,the issue of intellectual property rights has become more acute.This paper first argues that the patents and copyrights of university teachers and researchers should be owned by the university concerned;a patent transfer system has to be introduced;and business method related matters dealt with in a flexible manner.Secondly,the university ought to utilize the contract system to solve problems that may arise between itself and its employees regarding the property rights of aca-demic works.A licensing system is a possible solution.Finally,when an alliance is formed between universi-ties,factors that might affect the reputation of the university have to be considered.These may include the se-lection of partners;the global management of trademarks and logos;and local jurisprudence and domain name registration.The parties concerned should make use of a co-operation agreement to specify the details of the collaboration.