Diss. Jur. Bern.

University of Macau / Faculty of Law

This thesis analyses the extraterritorial dimension of patent systems in light of recent judicial trends, ending with the United States Supreme Court's landmark 2007 ruling in AT&T v. Microsoft. The discussion examines (i) the economic interest of nations in issuing and maintaining patent rights; (ii) the legal arguments against a unilateral extraterritorial extension of domestic patents, leading to the legal presumption against extraterritorial extension; (iii) the evolution of this doctrine in United States legislation and jurisprudence and forays against it, especially in recent decades; and (iv) the impact of globalization and of the nature of patentable information in the digital age on the issue of the extraterritorial extension of patent rights. The general conclusions are that, in the modern age, patent rights need to be extended beyond the domestic jurisdiction, and that the appropriate manner for nations to achieve this extension is not unilaterally but through bilateral and multilateral treaties.

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基於智慧財產權對於企業之成長、獲利能力有關鍵性的影響，企業越來越重視智慧財產權的研發及運用策略，有別於以往企業將智慧財產權用在保護自己產品避免被指控侵權，多數企業現在亦將智慧財產權用於干擾競爭對手之商業佈局。又臺灣廠商因智慧財產權佈局較弱，往往係被國際廠商提告的對象，則為免影響企業經營核心事業及避免鉅額之損害賠償，企業傾向選擇與對方和解，本文即係探討倘企業面臨專利訴訟，且經適當之商業評估後，認為與原告和解為最佳的選擇，企業應採取何種方式為自己爭取談判時間，經本文整理後，企業除法律層面的回應—於訴訟中積極答辯、提起反訴或另訴、利用動議拖延訴訟庭審時間，亦可採取商業層面的回應—對外收購專利、策略併購或投資、有效利用友好公司及策略夥伴等，以達到和解之目的。 / Because of intellectual property have key influences that impacts on growth and profitability of individual companies, companies pay much more attention to intellectual property in developments and application strategies. Unlike in the past when most companies use their own intellectual property to protect products and avoid attacks, they use their own intellectual property to interfere with business plans of competitors. As Taiwanese companies are weaker in intellectual property portfolio, leading international companies were often filed lawsuits against them. To avoid being ordered to pay huge amount damages and be able to focus on core business, Taiwanese companies are inclined to settle. This study is focus on when a company evaluates the situation and then decides to settle, the company should take what kind of actions to earn more time to negotiate a settlement. In conclusion, a company can take legal actions such as, defending the lawsuit, bringing the counterclaim, filing another compliant against the plaintiff, filing motions to postpone trial, but also can buy patents, make strategic investments, and make full use of friendly companies and strategic partners in order to reach a settlement.