The Patent Law Of Taiwan

Decent Essays

This thesis is to address the possibility of adapting the patent law in Taiwan, compared with what is done in India. These adjustments utilize the so-called “TRIPS flexibilities” embodied in the TRIPS Agreement (The Agreement on Trade Related Aspects of Intellectual Property Rights), as Annex 1C of the Marrakesh Agreement establishing the World Trade Organization (hereinafter the WTO) which came into effect in January, 1995. As a trade-off between promoting knowledge diffusion and exclusivity to use the knowledge, the patent system is part of the minimum standard established in the course of the globalization of intellectual property right (IPR). The formation of TRIPS also demonstrates that the strength of private sector and …show more content…

Because of the root of the intellectual property rights inevitably goes to the inherent "public goods" analysis, favoring partially the inventor 's power of control will become a burden for users and competitors. Excessive protection may ultimately reduce competition barrier and weaken the power of the national innovation. If developing countries can render their laws to curve it to “the pro-competitive strategy,” and this would allow the technology free rider countries to become “fair followers,” as Professor Reichman indicates. In this way, developing countries can make use of “TRIPS flexibilities,” because “wiggle room” in fact exists in the TRIPS Agreement. For example, Brazil employs this idea in constructing its compulsory license requirements in its copyright law; South Africa adopted a more stringent patent protection than the TRIPS Agreement demands while incorporated a safeguard clause to facilitate the use of essential drugs. Another good example of employing TRIPS flexibilities is the patent law of India. Before the TRIPS Agreement was negotiated, India’s patent law did not regard pharmaceutical chemicals as subject matter of protection and India consequentially became one of world 's top generic drug producers. However, in order to comply with

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