臨床試驗執行委託契約報酬爭議案：契約之定性【學習式判解評析】 試閱
Disputes on the Remuneration of CRO in Clinical Trial Commissioned Contract: The Nature of Contract
本件為藥廠與臨床試驗受託研究機構間，因臨床試驗受試者人數未能達標，所衍生關於臨床試驗執行委託契約之報酬計價糾紛。一審法院認為應依達標之比例計酬，經二審法院維持，嗣遭最高法院廢棄發回後，兩造調解成立。本文簡要說明此類型契約之態樣，並擇法院判決中就契約之定性與報酬請求二端為評析。
The plaintiff, a contract research organization, claimed the sponsor for full remuneration in a clinical trial which failed to reach the goal of trial subject number. The district court and superior court found for the defendant and hold that the sponsor only had to pay the remuneration proportional to the work finished. However, the supreme court reversed and remanded, then a successful mediation was reached. This article will elaborate the legal aspect of the contract in-between the two parties with special emphasis on the contract nature and remuneration.
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