The Patent Law Of Taiwan - 1269 Words

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 â€Å"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. Excessiv e 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 â€Å"the pro-competitive strategy,† and this would allow the technology free rider countries to become â€Å"fair followers,† as Professor Reichman indicates. In this way, developing countries can make use of â€Å"TRIPS flexibilities,† because â€Å"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 pro tection and India consequentially became one of world s top generic drug producers. However, in order to comply withShow MoreRelatedLiterature Review1343 Words   |  6 PagesSouth Korea, China, Japan, Taiwan, Australia, and Germany. I will discuss the following: how patent and utility model contributes uniquely to innovation and technological growth to countries in different economic growth phase, in terms of total factor productivity (TFP), detailed costs and benefits, and commonality of each type of intellectual property (IP) protection system, conduct case studies on China, South Korea, Japan, and Australia by comparing the trend of patent and utility model applicationRead MoreThe Political Risk And Country Risk Of Taiwan Essay1315 Words   |  6 Pagespolitical risk and country risk of Taiwan prior to foreign investment by Primark. 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