A Comparative Study on the Cross-Strait Patent Infringement and Remedies –Aspects of “Cross-Strait Intellectual Property Right Pro-tection Cooperation Agreement” / 兩岸專利侵權與救濟-從「海峽兩岸智慧財產權保護合作協議」之觀點論起

碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 103 / With cross-strait trade and investment in close, it is more important to protect patent. However, Taiwan and Mainland China do not recognize patent priority by each other, and patent infringement disputes are also common. Therefore, it is a significant issue that how to improve and protect the patent of Taiwan people.

After the "Cross-Strait Intellectual Property Right Protection Cooperation Agreement" was signed, the problem of patent priority recognition has been resolved. However, it needs to understand the legal nature of this agreement first, so that it can totally comprehend its impact on patent protection. Also, it should understand the remedies for disputes on cross-strait patent infringement in depth, and try to figure out the articles related to patent that should be improved in this agreement for pro-tecting the rights and the interests of Taiwan people.

In addition to introducing the concept of patent system and right of priority, this paper focuses on the legal nature of cross-strait agreement, the impacts and challenges of “Cross-Strait Intellectual Property Right Protection Cooperation Agreement”, and also studies on the remedies for disputes on patent infringement.

Identiferoai:union.ndltd.org:TW/103NTOU5273001
Date January 2015
CreatorsHsieh, Tsung-Ling, 謝琮鈴
ContributorsHung, Szu-Chu, 洪思竹
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format142

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