The analysis of legal protective means or financeial innovateion
Date Issued
2009
Date
2009
Author(s)
Lai, Hsing-Ning
Abstract
The first chapter of my thesis is introduction，which introduces the motive、objective and method of the thesis. And my research motive was based on two issues in practice，which induces the further discussion of the proper legal means to protect financial innovation.he second chapter focuses on financial innovation. I discuss respectively what financial innovation is, its functions and causes, the identities of financial innovators, and its impacts on social welfare , and reach the conclusion that it is beneficial to our society and is a deserving cause for our country to pursue. he third chapter discusses the background and further development of the 「administrative protective period of Capital Strategic Balance Fund」and the「Deutsche Bank’s stripping structured notes」 issues respectively. I also discuss the legal nature of the treatment by FSC（Financial Supervisory Commission） in the two issues. he fourth chapter discusses the legislative purpose、statutory objects and statutory requirements of copyright law、trade secret law and patent law respectively. I further discuss the applicability of the aforementioned laws to financial innovation and compare the protective effectiveness of the three legal means. Although historically financial innovation has been protected by trade secret law, patent law provides better protection regarding the ideas of innovative products and process. And it involves the issue of business-method software patents. he fifth chapter discusses the business-method software patents,which is closely related to financial patents. I begin with the concepts of business-method patens、software patents and financial patents. Then I discuss American patent law and a series of cases governing the statutory subjective matter, including the State St. Bank& Trust case, which is most often cited for opening the door to business-method patents and uses「a useful, concrete and tangible result」as the calibration of statutory subjective matter, and the new development of In re Bilski case in 2008：「machine or transformation test」.I further discuss the impacts of State St. Bank& Trust case on financial industry、the criticisms about business-method software patents, and the response of Patent and Trademark Office and congress of the United States. Finally, I discuss the 「Substantive examination guidelines for invention patent-- Section II. Chapter 9 Computer Software」in Taiwan. From the discussion of the fifth chapter we can know that Taiwan and the United States have different rules regarding the statutory subjective matter in patent law, and the scope of it is certain a political issue ,which involves whether it is appropriate to use patent as a mean to promote innovation.he sixth chapter discusses the aforementioned political issue. I begin with the theoretical and empirical papers discussing whether patent can promote innovation in general and in financial Industry. I further discuss the benefit and cost of the creation of patent right、its economic model、the decisive factors of patent’s protective degree、the means employed by patent law to reduce the social cost incurred from the creation of it and its functions beyond promoting innovation. Finally, I discuss patent’s impact on the financial industry which is characteristic of network effects and standard-setting. he last chapter concludes all the discussion in earlier ones and I present my proposal about the topic.
Subjects
financial innovation
administrative protective period
business method patent
software patent
Type
thesis
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