論我國專利期間的調整與延長、資料專屬權與專利連結制度之發展現況: 藥品智慧財產權保護相關修正草案評析

After negotiating for several years, 12 members reached the Trans-Pacific Partnership Agreement (TPP Agreement) on October 6th 2015 and singed on February 4th 2016. Taiwan’s government made the policy to join the TPP Agreement. Unfortunately, Donald J. Trump’s victory of the presidency creates uncertainty of TPP’s future. However, The Intellectual Property Chapter in the TPP, especially the part related to pharmaceuticals is beneficial to the U.S.; therefore, the U.S.’s proposal and final version of the TPP are still an important reference to us for our future trade negotiation with the U.S.. Because of this fact, Taiwan’s government still has incentive to promote the proposal of revising Patent Act and Pharmaceutical Affair Act in Taiwan. This article introduces the U.S’s proposal and the provisions of TPP Agreement about patent term adjustment and extention, data exclusivity and patent linkage of pharmaceutical patents. In addition, it explores Taiwan’s related proposal of revising Patent Act and Pharmaceutical Affair Act. Eventually, this article discusses the possible impact to Taiwan’s pharmaceutical industry, patent law and patent litigation.