특허권남용의 규제에 관한 연구 - 표준화와 특허남용을 중심으로 -

Abstract

There is a long and complex history of conflicts between competition law and intellectual property law. One of the reasons why the both have been conflicted is a difference of purpose of both acts. The former seeks competitive marketplace while the latter pursuits exclusive exploitation of intellectual property. Namely, the former aims to eliminate the monopoly in a market place. The core of the latter, however, is limited monopolized right in the related marketplace. A rising question is which law should be applied to a case of patent misuse. According to U.S. patent act, patent misuse means 1) infringement of competition law 2) overuse of patent right beyond the limit of given patent right. Therefore in a case of misuse of patent, we should consider the both categories. Meanwhile the development of IT industry has change the picture of structure of network industry. Especially the standardization of technology is one of the essential elements of network industry. The problem is when a patented technology is selected as a standardized technology. It can lead to the conclusion that exclusive right of a patented technology become more strengthened. To prevent it, application of competition law to patent misuse is necessary. This article researches the cases of patent misuse in standardization of technology and examines the revised guideline on misuse of intellectual property rights. Throughout them, it will sho the necessity of application of competition law to the use of intellectual property right, especially patent related in IT industry.