Law Commons^™

Discretionary Injunctive Relief For Patent Infringement: Partial Remuneration After Ebay And Its Implications For The Developing World, Richard Li-Dar Wang

Richard Li-dar Wang

The Doctrine Of Equivalents And Interchangeability In The United States, Taiwan And China, Tien-Pang Chang, Li-Dar Wang, Shang-Jyh Liu

Richard Li-dar Wang

The United States, Taiwan and China have similar systems for determining patent infringement under the doctrine of equivalents. The courts in these countries apply the test of interchangeability in finding infringement under the doctrine of equivalents. However, the courts in the United States, Taiwan and China evaluate interchangeability in different ways. In the United States, the interchangeability is one important factor for determining equivalent infringement in addition to the function, way and result factors in the triple identity test. Nevertheless, the court does not necessarily have to consider interchangeability and can’t rely only on the interchangeability factor to find equivalent …

Patent Protection Of Pharmacologically Active Metabolites: Theoretical And Technological Analysis On The Jurisprudence Of Four Regions, Richard Li-Dar Wang, Pei-Chen Huang

Richard Li-dar Wang

Active metabolite patents have been instrumental for brandname pharmaceutical companies to maintain their exclusivity even after the drug patents expire. This strategy obstructs market entry of generic medicine and reduces affordable drugs. The authors review jurisprudence from the United States, Europe, India, and Taiwan in search for practical solutions to confront this problem. Given the unique pharmacological value that active metabolites may possess, patent protection for those purified or synthesized in vitro should be preserved, but for those produced by metabolism should be declined. Except India, most countries under investigation comport with this dichotomy. Their jurisprudence may be subsumed into …

Biomedical Upstream Patenting And Scientific Research: The Case For Compulsory Licenses Bearing Reach-Through Royalties, Richard Li-Dar Wang

Richard Li-dar Wang

In the wake of breakthroughs in biotechnology and prosperous development in the biotechnology industry, the field of biomedical upstream research has experienced a large increase in the number of patents granted. This Article concerns mainly the threat that the proliferation of upstream patents pose to biomedical research and commercialization, especially the danger posed by research tool patents. The propagation of research tool patents may impede access to those research routes that are most promising to scientists. These patents also create substantial burdens, including research delays and financial costs, for independent researchers seeking authorization for the use of research tools. There …

Dmca Anti-Circumvention Provisions In A Different Light: Perspectives From Transnational Observation Of Five Jurisdictions, Richard Li-Dar Wang

Richard Li-dar Wang

In order to cope with the challenge posed by high-quality digital copying of copyrightable works, the World Intellectual Property Organization (WIPO) and a number of its members have determined to incorporate anticircumvention provisions in 1996 WIPO Copyright Treaty (WCT) and their domestic copyright laws. Even though these countries adopted this brand new regulation close in time, they approached the same problem in quite different manners, especially divergent with regard to public domain and fair use privileges. Since the two limitations on copyright play a key role in preserving free dissemination of information and preventing authors from over-asserting their exclusive rights, …