| 英文摘要 |
Pursuant to article 96 of Taiwan Patent Act, a patentee of an invention patent may demand a person who infringes or is likely to infringe the patent right to stop or prevent such infringement. This Article provides patentees with injunctive relief, which is an important, if not the main, legal remedy when patent infringement occurs. However, with regard to the enforcement of injunction in Taiwan, there has been debates in recent years on whether it should be limited to a certain extent. On the other hand, it is worth noting that Japanese government has repeatedly brought together patent law experts, including government representatives, law scholars and practitioners, to discuss the above-mentioned issue under Japanese legal system. Their discussions may provide insights for the direction of enforcement of injunction in the context of Taiwanese law. This paper thus first briefly describes the enforcement of the right to exclude infringement claims under Japan Patent Act, as well as the related discussions in Japan, and then gives a brief opinion concerning this issue in Taiwan. |
