試題詳解

16 Which of the following statements regarding compulsory licenses under Article 87 of the R.O.C. Patent Act is correct?
(A) Request for compulsory licensing of a patent made pursuant to circumstances where a patented invention is to be exploited non-commercially for the enhancement of public interest does not require the requestor to have made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions.
(B) All compulsory licensing of a patent granted by the Specific Patent Agency requires the existence of national emergency or other circumstances of extreme urgency.
(C) Utility model patent is not subject to the provision of compulsory licensing. Therefore, it is not legal to grant compulsory license of a utility model patent.
(D) The ground for a request for compulsory licensing of a patent involving semiconductor technology includes circumstances where a patentee has committed acts restricting competition, for which a decision has been rendered by the Fair Trade Commission of the Executive Yuan.