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|Other Titles:||Discusion o Main Issues of Patent Compulsory Licenses in R.O.C : Additionally to Discuss the Latest Draft Amendment to the Patent Law|
Right of Compulsory Licensing;Reasonable Commercial Terms ad Conditions
|Issue Date:||2016-08-31 17:09:38 (UTC+8)|
For enhancing inventor's incentive to disclose his innovative technology to people, the government will grant the right or privilege to the patentee who has the exclusive right to preclude other persons from manufacturing, making an offer for sale, selling, using, or importing for above purposes the patented article without his/her prior consent. For avoiding overhead the protection scope or the patentee abusing patent right to cause anti-competition and unfair competition or conflict with public welfare, therefore the patent law make some regulations to limit patentee's rights such as compulsory license or effect of a patent right shall not extend to statutory matters and some special items shall not be granted a patent right. The main point of this article was discussing the term of "an applicant's failure to reach a licensing agreement with the patentee concerned under reasonable commercial terms and conditions within a considerable period of time" weather it a pre-procedure or independent element in compulsory licensing case? and studying how to decide the content of "reasonable commercial terms and conditions". At the same time, also discuss the latest draft amendment to the Patent Law of the relative content and possible problems. The elements of patent compulsory licensing are height uncertain and controversy issues .I hope this article can clarify some dispute and to provide some useful opinions to readers.
|Relation:||政大智慧財產評論, 7(2), 85-124|
NCCU Intellectual Property Review
|Appears in Collections:||[智慧財產評論] 期刊論文|
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