Compulsory licence and government use in Taiwan: A regress

• Main Author: LIU, Kung-chung
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2014
• Subjects: Public Interest; Fair Trade; License Agreement; Compulsory Licence; Trips Agreement; Asian Studies; International Trade Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/3131; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99558141202601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Compulsory%20licensing:%20Practical%20experiences%20and%20ways%20forward&offset=0
• Institution: Singapore Management University

The Taiwanese Patent Act foresaw from its inception in 1944 compulsory licence (CL) and government use. The provisions on the former have been amended several times, moving away from the Paris Convention model, while provisions on the latter were revised once, only to narrow its scope. Overall speaking, the regime on compulsory licensing and government use is in regress and fails to fulfil its function of balancing public and private interests. Thus far in Taiwan, two CL have been granted and implemented with the second being annulled later, and only one government use has been granted and yet not implemented due to its precondition not being satisfied. The Fair Trade Commission has not yet seen CL as one of the “necessary corrective measures” of the Fair Trade Act, although it did find violation of the Fair Trade Act in the Philips CD-R case.