大学与企业合作研究的法律规制：基于德国与美国的经验

Legal Regulation of Cooperative Research between Universities and Enterprises： Based on the Experiences of Germany and the United States

As a new topic in the study of university law，the legal regulation of cooperative research between universities and enterprises takes its own characteristics in the two legal systems represented by Germany and the United States. In Germany，legal regulation of knowledge and technology transfer is so complex and regarded as a “nixed area” in which public law and private law interact complexly. With the purpose of task balance，academy-economy interaction shall be established on the prerequisite to promote and guarantee academic freedom (including research freedom and teaching freedom) which is viewed as fundamental right. In the United States，external regulation (including both public and private) and internal regulation (self-regulation of university) sustains interaction for shaping and building research partnerships between universities and enterprises. The experience of German law and American law shows that the legal regulation of cooperative research between universities and enterprises must be abided by the legal basis of academic freedom and public interest balance， and should trace back to the logical starting point of “university task frame”. It is llkely to make cooperative research between universities and enterprises maintain tension between indemnification and restrictions by “categorization” and “contextualization”.