試題詳解

20 Concerning compulsory licensing under the R.O.C. Patent Act, which one of the following statements is not correct?
(A)In response to national emergency, the Taiwan Intellectual Property Office (TIPO), shall follow an emergency order from the central government authorities to grant compulsory licensing of a patent.
(B)TIPO may, upon request, grant compulsory licensing of a patent, where a later invention cannot be exploited without infringing upon a prior invention and such later invention involves an important technical advancement of considerable economic significance compared to the prior invention.
(C)TIPO may, upon request, grant compulsory licensing of a patent, where a patentee has committed acts to restricting competition or has committed unfair competition acts, for which an investigation is initiated by the Fair Trade Commission.
(D)TIPO may, upon request, grant compulsory licensing of a patent, where a patented invention is to be exploited non-commercially for the enhancement of public interest. 代號：70150 | 70650 頁次：6－6