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.
ABSTRACT
Medical research contract is an important part of business between medical research organizations.It is the official document identifying the right and obligations of respective medical research organizations during research activities.It is the legal basis,and is also on the basis of research expenditure.Therefore,it is very important to improve ability of the contract writing in research management.Composing a sound medical research contract has significant importance in research activities.This paper explored the remarkable issues when composing a medical research contract from the respective of management of funding,including how to make the contract more fair,rational,rigorous and legal.
ABSTRACT
Medical research contracts including the state-funded research contracts and enterprises-funded research contract,The application of law and dispute resolution approach depends on the legal nature of two contracts.Therefore,the legal nature of the medical research contracts and contract risk prevention is the focus of this study.