英文摘要 |
Design, which encompasses everything from shape, pattern, color or any combination thereof of an article as a whole or in part by visual appeal, is increasingly the subject of intellectual property claims. Enhanced protection for industrial design not only promotes the contribution of individual designers, but also encourages innovation and development of new products and investment in their production. A more accessible design-protection legal system is essential for the industries.
In Taiwan, the market for manufacturing auto spare parts is one of the important manufacture industries. Sine the original manufacturers (OEMs) hold design protection rights on spare parts, they might enforce the intellectual property (IP) rights to exclude third-party producers of replica parts in the spare parts aftermarket. Due to one patent infringement case in Taiwan, some spare parts producers argue for liberalization of the aftermarket and try to introduce the “repair clause” into Patent Act.
This article analyzes the economics of patent rights and IP policy in Taiwan and argues that the reasoning of introduction of “repair clause” in Patent Act might not be in line with the legal framework of IP Laws. The “repair clause” might cause negative impacts on the policy of encouraging innovation in Taiwan. |