| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 105 === The implementation of the patent linkage system in Taiwan has been disputed over a decade. The Executive Yuan released the draft amendment to the Pharmaceutical Affairs Act in 2016, which declared that Taiwan was going to establish the patent linkage system so as to conform to the provisions of the Free Trade Agreements. However, there are still some objections to the draft amendment. Furthermore, some are of the view that such system will have a negative impact on our pharmaceutical industry.
Patent linkage system focuses on the protection of pharmaceutical patents. Therefore, I provide the pros and cons of the system from the purpose and function of the patent system initially. In particular, I also take the importance of intellectual property protection against the pharmaceutical research and development into consideration. On the other hand, the access to pharmaceuticals involves people’s right to survival. Hence, I will analyze whether the essence of the patent linkage system is improper as well.
In addition, I will study on the draft amendment released by the Executive Yuan and each mechanism established by the same. I attempt to discuss the application of the system and the interaction between the system and our currently related regulations, which will pay attention to our patent litigation practice. Finally, I will deliver several thoughts and suggestions regarding the future practice for your reference.
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