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專利制度的再思考-以政策銜接及其可能運作模式
Thesis

專利制度的再思考-以政策銜接及其可能運作模式

張瓊華
Masters, National Tsing Hua University
2002

Abstract

專利制度財產權審查基準專利司法審判一元制司法審查判斷餘地創新獨占 TRIPSBolar exceptionFestoZurkoSubstantial evidenceone claim per patent
By exploring the purposes of the patent regime, the possibly optimized and localized rules and laws are investigated in this paper. The recent international issues are briefly introduced. Here, the observations from the progressing history of patent laws are also conducted. The effects caused by reforming the national patent laws in U.S. and Japan are discussed. In addition, from the economics viewpoints, it is studied whether the justification of the patent rights can be empirically supported by data of innovation encouragement. There are many theories to discuss whether broad or narrow scopes of claim protection are efficient. Finally, in accordance with TRIPS, we are looking for the compromises and possible solutions in the legislative, administrative, judiciary perspectives.

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