| Summary: | 碩士 === 東吳大學 === 法律學系 === 97 === Whether patent rights apply to laws relating to things (in-rem)or laws relating to quasi-in-rem is unclear. This thesis explores the legislative history, customs and actions in Taiwan society to find the answer. It also explores P.R.C and Japanese legislative history. Altogether, this study reveals a unique development process of a patent law in Taiwan.
Through a comparative study on common law property and continental law rights-in-rem, this thesis posits patent rights as quasi-in-rem rights. Under the separation doctrine between obligations and rights-in-rem, Taiwan has experienced difficulty in deploying patent rights as narrowly defined ‘things’. Although it is unrealistic to change rights-in-rem into the common law’s personal property, Taiwan Courts can interpret patent rights by analogizing the jurisprudence of surface rights to patent licensing activities.
This thesis concludes by recommending that Taiwan should: a) deploy registration as an effectiveness requirement to an exclusive license, in order to balance the power given to exclusive licensees by Article 84; b) amend the wording in Articles 56, 106, and 123 of the patent law; and c) solve the Civil Code’s unclear assignment requirement regarding quasi-in-rem.
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