BY ALEX C. H. TSUNG

In an effort to join the Trans-Pacific Partnership (TPP) Agreement (now the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, CPTPP), Taiwan has implemented the patent linkage system through amendments to the Pharmaceutical Affairs Act, which became effective on August 20, 2019. In order to establish an explicit legal basis for patent linkage lawsuits in Taiwan, the Intellectual Property Office has proposed an amendment to the Patent Act to introduce Article 61-1. On April 15, 2022, Article 61-1 passed its third reading in the Legislative Yuan, the unicameral legislature of Taiwan.

Newly passed Article 60-1 of the Patent Act contains two paragraphs. Paragraph 1 provides the legal basis for a patentee to request an injunctive relief in accordance with Article 96, Paragraph 1 of the Patent Act after receiving a notification of Paragraph IV Certification under the local patent linkage system. Paragraph 2 provides the legal basis for a generic drug company to seek declaratory judgments on non-infringement if a patentee does not file a patent infringement complaint within a specified time period.

(Translated and summarized from the news announced on the website of the Taiwan Intellectual Property Office, https://www.tipo.gov.tw/tw/cp-85-863681-4e9f5-1.html and https://www.tipo.gov.tw/tw/cp-87-904940-2b6a6-1.html)

*Section Chief of International Patent Division at Tai E International Patent & Law Office