16 Which of the following statements is incorrect? (A) Where a patentee establishes multiple pledges on the same patent for the purpose of securing multiple creditors’ rights, the ranks of these pledges shall be determined according to the order of their recordation. (B) Where a patent right is jointly owned, all joint owners must consent in order to abandon the patent right. (C) Where a patent right is jointly owned, a joint owner may abandon his share only with the consent of all other joint owners. (D) Where a patent right has been pledged, the patentee may abandon the patent right only with the consent of the pledgee.

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.

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