A Study on Response Mechanism for Patent Troll

Autor: TU CHUN YI, 杜俊毅
Rok vydání: 2015
Druh dokumentu: 學位論文 ; thesis
Popis: 103
The main contents of intellectual property rights are copyright law, trademark law and patent law. About fair use of intellectual property rights are limited to copyright and trademark and exclusive patent right. The owners of patent right pledge many patent litigations without any reasons to acquire royalties and profits and cause wasting justice resource which is often called patent misuse. This paper discusses patent troll misuse the patent right that they do not practice and only purchase the patent around the world. The patent troll seek target with lawsuit method and send warning letters to acquire royalties. The patent troll acquires profit with lawsuits and affects the economy of Untied States that arises dispute and discussion on patent system. The paper will mainly discuss Taiwan and America enterprises confront the abusive patent litigations. Patent right is to exclude the third party to use the patent right and making profit by reasonable enforcement. However, the United States enterprises confront negative influence by abusive patent litigations filed by patent troll. Civic organization, Representative and administration all recommend the solutions for the questions of frivolous patent litigation. The congress should draft the act to solve the patent questions. Finally, the US congress pursues legislative measures to solve alone the above questions and this way recommend Taiwan the way to solves the unreasonable patent royalties, license negotiation and patent litigations by patent troll.
Databáze: Networked Digital Library of Theses & Dissertations