Research of "Experimental Use Exception", a restriction of patent right:Focus on the U.S. judicial development

碩士 === 國立臺北大學 === 法律學系法律專業組 === 99 === The purpose of this dissertation is providing more comprehensive and complete data of this issue, it aims on the development of this legal principle, especially mainly focus on its source, the U.S. judicial development. The content of this dissertation is mainl...

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Bibliographic Details
Main Authors: Kang-Chang Wu, 吳綱常
Other Authors: Tsuei, Bian-Sheng
Format: Others
Language:zh-TW
Published: 2011
Online Access:http://ndltd.ncl.edu.tw/handle/38832884272040561400
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Summary:碩士 === 國立臺北大學 === 法律學系法律專業組 === 99 === The purpose of this dissertation is providing more comprehensive and complete data of this issue, it aims on the development of this legal principle, especially mainly focus on its source, the U.S. judicial development. The content of this dissertation is mainly based on the U.S. practical judgments views, beside the judicial results, it also pays more attention on the fact issues to fit the application of law properly. After that, we arrange some theories about this issue to clarify the possible short and missing of practical operation. From the content, we see some different regulation and views from the other countries, so we discuss them to compare with the U.S. practical development by other points of view. Finally, we point the present shortcoming of our country by the former foreign regulation and practical operation, and we explain the consistency between the amending of the law and the foreign law. We affirm the merits of experimental use exception again, and make some conclusions and suggestion.