論我國軌道設備國產化之專利風險與策略

我國捷運系統興建時，一經決標而決定採用哪一外國廠商的系統，工程實務上就決定了後續的保養維修服務及備品提供者，方符合工程相容性。近年我國政府推動軌道設備國產化，期待帶動國內軌道產業發展，同時降低軌道業者對原廠設備的依賴程度，解決原廠設備保固或使用年限到期後，汰換及維修費用過高或設備停產而無替代產品備援的問題。然而國產化，即是由國內廠商自行產製相同效能之設備與零組件，此一行為若是以專利物為對象而有製造、為販賣之要約、販賣、使用等行為，即為專利法上之實施，構成侵權。筆者以於捷運營運機構曾擔任從業人員多年經驗為基底，從法律、企業經營、風險管控與採購實務等角度，探討軌道設備國產化之專利風險與策略，期待足資做為軌道業者之經營參考。最末建議加速修法與訂定國家標準、結合相關資源輔導本土軌道產業廠商申請專利，以及軌道業者應承擔領頭羊責任，積極投入心力，以追求企業永續經營。

關鍵字

鐵道；捷運；專利；國產化

並列摘要

With respect to MRT system in Taiwan in the earlier days, once the bid was awarded to any foreign manufacturer, the subsequent maintenance service and spare parts provider were determined in accordance with engineering practice in order to meet engineering compatibility. In recent years, the government has promoted the localization in manufacturing of railway equipment, looking forward to boosting the development of the domestic railway industry, while reducing the dependence on original manufacturer, and solving the problem of replacement and maintenance costs or the lack of equipment after the original equipment warranty or service life expires. However, localization means that domestic manufacturers provide manufacturing performance to the same extent as the original foreign providers. Regarding the localization of railway equipment manufacturing, offer for sale, sale, adoption by the patented product, it inevitably involves with infringement of relevant laws. Based on years of experience as an employee in the Government-Owned MRT Corporation, the author would like to examine the patent risks and strategies of the localization of railway equipment from the perspectives of law, corporate management, risk management and procurement practices. In sum, it is recommended to speed up the amendment of the law and formulate national standards, integrate relevant resources to guide local railway industry manufacturers through patent application. Above all, the MRT Corporation should take the lead responsibility and actively invest in the pursuit of sustainable management.