試題詳解

22 Compulsory licensing is designed to reconcile the conflicting interests between patent protection and public health under patent law. Which of the following statements about compulsory licensing admitted by the Taiwan Patent Act is true?
(A)Exploitation of a compulsory license shall be predominantly for the supply of domestic market without exceptions.
(B)Taiwanese generic manufacturers can’t file an application of compulsory licensing in Taiwan and export the patented drugs to any state with insufficient or no manufacturing capacities in the pharmaceutical sector where the epidemics have been spreading.
(C)Compulsory licensing can’t be made until the requestor has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such effort have not been successful within a reasonable period of time.
(D)Under a compulsory licensing, the licensee of a compulsory license won’t need to pay appropriate remuneration to the patentee.