Contract Law and the Governance of Inter‐Firm Technology Partnerships – An Analysis of Different Modes of Partnering and Their Contractual Implications*
研究了股权合资、非股权合作和许可合同三种企业间技术合作模式的法律影响，分析了生物科学、精细化工等领域的合同样本，发现股权和非股权合作遵循关系合同视角，许可合同遵循古典合同视角。
abstract This paper studies some major legal implications of inter‐firm technology partnering through equity joint ventures, non‐equity partnerships, and licensing contracts. These different partnerships are placed within the classical and relational contracting perspectives, while also considering intellectual property rights issues. Samples of contracts of partnerships in bioscience, fine chemicals, biotechnology and biopharmaceuticals are analysed, in detail, with reference to the distribution of property rights, major contractual clauses, and measures for conflict resolution. Equity joint ventures and non‐equity partnerships are found to largely follow a relational contracting perspective, while licensing contracts are governed by a classical contracting perspective.