試題詳解

15 According to Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which of the following statements about “other use without authorization of the right holder” is incorrect?
(A) If other use without authorization of the right holder’s individual merits is considered, the law of a WTO member shall allow for other use of the subject matter of a patent without the authorization of the right holder.
(B) In the case of a national emergency, other circumstances of extreme urgency, or public noncommercial use, the requirement that “prior to use without authorization of the right holder, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time” may be waived by the law of a WTO member.
(C) In situations of national emergency or other circumstances of extreme urgency, the proposed user shall not notify the right holder.
(D) In the case of public noncommercial use, where the government, without making a patent search, knows that a valid patent is or will be used by or for the government, the right holder shall be informed promptly.