Browsing by Author "Wang, Richard Li-dar"

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Ancillary Orders of Compulsory Licensing and Their Compatibility with the TRIPS Agreement
(2015)
Wang, Richard Li-dar
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交大名義發表
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National Chiao Tung University
Compulsory licensing is a well-recognised institution for striking a balance between patent and copyright protection and social or economic goals in general. For a compulsory licence to work effectively, three conditions must be met at first: competent licensees with sufficient capacities, adequate market size, and access to necessary know-how. If the third condition is missing, the authority granting such licences may issue a know-how transfer order to fill in the gap. Ancillary orders may also direct non-voluntary licensees to address specific harms to public interest, ensuring the attainment of their policy goals. In addition, the granting authority can issue a side effect averting order to alleviate unnecessary impact that the licence may impose on the patent or copyright holders. Given that no exception to the protection of undisclosed information is expressly acknowledged in the TRIPS Agreement, there are some doubts about the know how transfer orders\' compatibility with the TRIPS. These doubts are not well founded. On the other hand, orders requiring local manufacturing are likely to violate the principle of non-discrimination between imports and local production as enshrined in Article 27.1 of the TRIPS Agreement.
公平交易委員會執法十年來之回顧、成效與檢討
(2004)
鄭優
;
王立達
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Cheng, David Yu
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Wang, Richard Li-dar
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科技法律研究所
從TRIPS協定與公眾健康爭議論專利強制授權之功能與侷限
(2004)
王立達
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Wang, Richard Li-dar
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科技法律研究所
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Institute of Technology Law
我國專利法上均等論適用之實證研究：是變奏還是變調？
(2013)
張添榜
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王立達
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劉尚志
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Chang, Tien-pang
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Wang, Richard Li-dar