申論題

一、You are a patent attorney retained by the ABC Pharmaceutical (“ABC”), a foreign company, to file an invention patent application with the Intellectual Property Office for protecting its improved medication in our country.

⑵Mr. Doe acknowledges that, due to the outbreak of SARS (severe acute respiratory syndrome) and H1N1 pandemics occurred several years ago, the R.O.C. became the first country to issue a compulsory licensing for Tamiflu, an imported medication used to treat the H1N1 virus. Mr. Doe wonders on what grounds can our government issue a compulsory licensing? Please provide your legal advice in English with regard to this matter.（20 分）