Browsing by Author "Ni, Kuei-Jung"

Now showing 1 - 5 of 5

Does Science Speak Clearly and Fairly in Trade and Food Safety Disputes? The Search for an Optimal Response of WTO Adjudication to Problematic International Standard-Making
(2013)
Ni, Kuei-Jung
;
科技法律研究所
;
Institute of Technology Law
Legal Aspects (Barriers) of Granting Compulsory Licenses for Clean Technologies in Light of WTO/TRIPS Rules: Promise or Mirage?
(2015-10-01)
Ni, Kuei-Jung
;
科技法律研究所
;
Institute of Technology Law
The development and use of clean technologies constitute a useful means of mitigating global warming. Although certain developing countries have become major emitters of greenhouse gases, they are not in a position to access the clean technologies that are prevalent in developed nations. In advocating technology transfers under the United Nations\' climate change regime, developing countries argue that the intellectual property regime covering climate-related technologies must be ameliorated. In their proposals, they argue that compulsory licensing for clean technologies can be instrumental in furthering global access. This paper examines the legal issues associated with granting compulsory licenses for clean technologies. I analyze the legal challenges to authorizing such licenses, particularly in light of WTO/TRIPS and of national practices. An analysis of the previous practices surrounding the application of compulsory licensing reveals the severe hurdles facing competent national authorities and indicates the costs and burdens of such an action, which not every WTO member can afford. Jumping to the conclusion that the compulsory licensing of clean technologies is simply an illusory option may be premature; nevertheless, the legal barriers and burdens may dissuade developing nations from using such licenses injudiciously.
Retrospect and Prospect of the Cross-Straits Economic Cooperation Framework Agreement (ECFA) between Mainland China and Taiwan
(2014-01-01)
Ni, Kuei-Jung
;
科技法律研究所
;
Institute of Technology Law
The Boundary of a WTO Member's Obligation to Comply with Art. 31(f) of the TRIPS Agreement - A Critical Review of Granting a Compulsory License on Philips CD-R Patents by Taiwan
(2012)
Cheng, Huai-Chi
;
Ni, Kuei-Jung
;
科技法律研究所
;
Institute of Technology Law
Using Licensing Contracts to Protect Holders of Traditional Knowledge Related to Genetic Resources - A Reflection on ICBG Projects
(2011)
Tsikun, Marina
;
Ni, Kuei-Jung
;
科技法律研究所
;
Institute of Technology Law
During recent decades, the role of traditional knowledge (TK) in biotechnology development has become increasingly important. The benefits resulting from TK exploration can be tremendous. Due to its significant economic and healthcare contribution to society, the owners of TK (local and indigenous communities) should be sufficiently compensated for the use of their knowledge(1) and their rights in TK should also be properly protected. Contracts are considered to be one of the major means to ensure fair benefit-sharing based on mutually agreed terms between TK users and holders.(2)