| Summary: | 碩士 === 國立臺北大學 === 法學系 === 94 === Ever since being created, patent system has provided R&D incentives in all fields of industries and played an important role in the innovation of technologies, while developed countries urging for the adoption of an international treaty providing universal protection for inventors to protect domestic industries more efficiently. Recent years, however .for the eruption of pandemics and difficulties to obtain patent drugs, voices have been heard to use compulsory licensing and parallel import as a way to effectively resolve pharmaceutical supply issue and balancing the interests between inventors and public interests which later being recognized among the nations around the world. However, whether this problem could be solved or not lies not in the adoption of a certain system, but whether the system itself fits the current situation, using compulsory licensing and parallel import is not the necessary means to solve this problem. This study uses the literature analysis method and comparison among different legal systems to examine compulsory licensing and parallel import while proposing a proper approach toward pharmaceutical supply crisis.
In section two of this study is the introduction of pharmaceutical patent system, while first introducing the evolution of patent system and discussing the underlying purpose of it. Later on, this section will examine the importance of patent system to the pharmaceutical industry. In section three, I will analysis the origin of the drug supply crisis and the reactions took by every nations while understanding the agreement reached among nations to balance private interest and public interest and the way to implement it.
In addition, in section four and five of this study I will discuss compulsory licensing and parallel import. In section four I will first discuss the origin and purpose of compulsory licensing, later on examining the limits and utilities of it through academic theories and legal systems of other nations. After that, by comparing current legal system, I will point out possible flaws in our patent act and proposing recommendations. In section five, after defining the definition of parallel import and existing forms, examining the possibility of allowing parallel import through academic opinions and standpoints of other nations, and propose my own opinion on it.
Finally in section six, I will summarize the opinions mentioned in the study and raise my opinion on compulsory licensing and parallel import. By proposing possible recommendation on drug supplies, I wish to find a way to solve the crisis while not contradicting current situation, and protecting interests of inventors while preserving public welfare and promoting technology advancement.
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