試題詳解

13 X is among the least developed countries recognized by the United Nations. Since the bird flu has been spreading over the country over six months and the toll of death is astonishingly increasing. In order to import sufficient and affordable medicine to assuage the damage of the pandemic, X plans to negotiate with Taiwanese pharmacy company Y, and asks Y to apply for the compulsory licensing on Patent M registered in Taiwan that embodies the medicine B for treating the aforesaid bird flu. According to the Taiwan Patent Act, which of the following statements is appropriate?
(A) Y is not entitled to request the compulsory licensing on Patent M since the bird flu is not the disease defined in Article 90 of Taiwan Patent Act.
(B) Y is not entitled to request the compulsory licensing on Patent M since the provisions of the compulsory licensing are designed to mainly facilitate the demand in the domestic market.
(C) Y is entitled to request the compulsory licensing on Patent M, provided that X could prove that it has insufficient or no manufacturing capacities in the pharmaceutical.
(D) Y is not entitled to request the compulsory licensing on Patent M unless Y has made efforts to obtain authorization from the patentee concerned on reasonable commercial terms and conditions and such efforts have not been successful within a reasonable period of time.