Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Chinese Taipei
Patent Act (as amended in 2022)
The Patent Linkage System was put into place under the Pharmaceutical Affairs Act on August 20, 2019. To ensure consistency between Acts, Article 60-1 was added to the Patent Act to stipulate the following points: 1. To provide a legal basis for patent holders to file a complaint to settle patent infringement disputes with generic drug manufacturers who made a P4 declaration when applying for a generic drug permits. 2. If the patent holder does not file a patent infringement complaint within the stipulated time period, the generic drug manufacturer may initiate an action for a declaratory judgement to ascertain whether any infringement has occurred.
Please refer to the website of the Intellectual Property Office (TIPO) of the Ministry of Economic Affairs to get more information about the Amendments to the Patent Act. Website: http://www.tipo.gov.tw Contact email address: ipogp@tipo.gov.tw
Intellectual Property Office, Ministry of Economic Affairs Contact email address: ipogp@tipo.gov.tw