Management status and legal risk of medical scientific research contract
10.3760/cma.j.issn.1006-1924.2018.03.004
- VernacularTitle:医院科研合同管理现状及法律风险研究
- Author:
Wenjie SI
1
Author Information
1. 100730,中国医学科学院北京协和医院
- Keywords:
Medical research contract;
Legal examination;
Rights and obligations;
Legal risk
- From:
Chinese Journal of Medical Science Research Management
2018;31(3):175-179
- CountryChina
- Language:Chinese
-
Abstract:
Objective Hospitals are important medical scientific research institutes.The research contracts of hospitals have the characteristics of large quantity,large transaction amount,complex types and high expertise.There are many legal problems and risks arisen in the contract content,due to the medical staff's limitation of major and energy.This paper makes exploration into the general issues and questions in the medical scientific research contract with the purpose to benefit to the improvement of the contract management in the hospitals.Methods This paper collects a sample of 112 scientific research contracts that signed from 2012 through 2016 in a tertiary hospital and summarizes the general problems based on reviewing legal risk factors of these contracts.Results Statistical analysis revealed that the provision-for jurisdiction,ownership of intellectual property and contractual right is either inadequate or non-existent.Hospitals should strengthen intellectual property protection,secrecy consciousness,etc.Conclusions It is essential and urgent to regulate the article of the contract and use the standard contract.Hospitals should adjust the organization framework,control the process,consummate the regulation,control the workflow and build the culture to promote the contract administration.
