A Research on the Link between the Exclusiveness of Patent Rights and Competition Law

• Main Authors: Chuan-Ho Kuo, 郭全河
• Other Authors: Chen-Ching Chi
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/10668992320954070869

碩士 === 國立高雄大學 === 法律學系碩士班 === 100 === In 1883 Paris Convention for the Protection of Industrial Property concluded to use an appellation “Industrial Property Right” internationally for protecting patents, trademarks. Industrial designs, intellectual idea, etc. In 1893 Paris Convention, Berne Convention and United International Bureau for the Protection of Intellectual Property began the usage of ‘Intellectual Property Right” instead of “Industrial Property Right”, and recommended every country to do so. Our country has now established especially legal laws such as Patent Act, Trademark Act, Copyright Act, and Protecting Act for IC circuit and Business Secret Act for protecting respectively patents, trademarks, copyright, IC circuits and circuit arrangements, and business secrets. Next, after an inventor or an innovator translates his personal or collective technical idea into a description and drawings, applies for its claims to Patent Bureau and obtains a patent for it, the patentee can enforce the claims domestically and abroad in compliance with Patent Act. As the claims are limited by the scope of applied claims, the patentee has the right to enforce the claims in the granted scope, and negative exclusiveness arises if a third party should manufacture, use, offer for sale, sell or import for these purposes the product obtained directly by that process without the patentee’s consent. When the patentee gets the monopoly granted by Patent Act and violates less competition or impedes fair competition prescribed in Fair Trade Act, how to interpret these problems becomes the key research point of this paper. Moreover, claims are based on the scope of the applied claims, so classification of the claims has to be firstly discussed, and the domestic acts, Agreement on Trade Related Aspects of Intellectual Property Rights, including Trade in Counterfeit Goods, (TRIPs in short) of WTO and the national patent act that our people have to depend on in applying a patent have to be referred to for interpretation. Next, the procedure of obtaining the patent including the administering process and granting of a patent by Patent Bureau .and the property of the patent are to be introduced. As the exclusiveness and monopoly of the claims are originated from the scope of the applied claims, the judgment of the scope of the claims are to be interpreted in compliance with Patent Act, the administering regulations and practical matters. As to the effectiveness of the claims, it has to be discussed by comparing the acts of our country and foreign countries. In addition, as the claims are provided with exclusiveness and monopoly and related to the market structure in Fair trade Act, the market structure has to be compared according to the economic act and Fair Trade Act. And lastly, it is a fact that the claims are granted by Patent Bureau, they are to be exempted from the less competition and unfair competition prescribed in Fair Trade Act so long as the claims are observed legally. This paper is explained by comparing Fair Trade Act of our country and American regulations. The last article is a partial suggestion as the conclusion of this paper.