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EXCLUSIVE PATENT LICEN-SEES MAY INITIATE CRIMI-NAL PROSECUTIONS
Article 69 of the Trademark Law provides that a trademark licensee whose rights in a trademark are infringed has the same rights as the trade-mark owner to seek civil and criminal remedies, regardless whether the license is exclusive or non-exclusive. But with respect to the licensing of patent rights, the Patent Law merely provides that an exclusive licensee has the right to seek damages and to seek to stop or prevent in-fringement, but only insofar as the patentee, after being informed, does not seek to enforce his rights, and where there is no contractual agree-ment to the contrary. As to whether an exclusive licensee can file a criminal complaint or bring a private criminal prosecution, and what remedies are available to a non-exclusive licensee, the law makes no explicit provision.
In a 1999 civil judgment, the Taichung District Court, citing a 1999 interpretation by the Intel-lectual Property Office, stated that since a pat-entee, having granted an exclusive license in a patent, may not grant a similar license to a third party, rights under such a license have strong effects similar to rights in rem; thus it would be generally accepted that an exclusive licensee whose rights have been infringed should be en-titled to file a criminal complaint, provided that such remedy is only available where the patentee has been informed and has failed to enforce his rights, and where there is no contractual agree-ment to the contrary. On the other hand, rights under a non-exclusive license do not enjoy simi-lar strong effects and can only be evoked against specific persons; thus it would be generally ac-cepted that a non-exclusive licensee whose rights have been infringed cannot be said to be the vic-tim of a crime, and therefore should not be enti-tled to file a criminal complaint.