경쟁정책상의 특허제도

Abstract

【Abstract】 A Patent system on Competition policy Kim, Weon-gyu A patent system has different propensity in two sides. One is that a patent system has propensity that promote competition. That is, a patent system can promote competition about Research and Development. Also, a patent system can promote competition even if treat product market. Another is that a patent system has propensity that limit competition. For example, if new product is developed, it controls market and can limit competition. In case patent right is transferred too, it can limit competition. Of course, can limit competition by contract that allow that enforce patent right. Usually, a person who acquired patent right by invention can monopolize technology and acquire profit. If patentee monopolizes technology, it may exist inside market that limit competition. Anti-Monopoly law does not apply about enforcement of Intellectual Property rights by patent law. But I think that a patent system is not exception of competition policy. Point of problem is in case patentee does fixed limitation to rightful person in contract that allow enforcement of Intellectual Property rights here. In case it corresponds to unfair transaction by position that is improper curb or superiority, may receive application of Anti-Monopoly Law because control market. Scholars announce other suggestion about this problem. Contract that allow move of patent right or enforcement of a patent that presuppose a patent system thus influences about competition policy. When execute a patent, Anti-Monopoly Law is applied if control market by limiting the area or period. But, if it is thing by original enforcement of patent right, Anti-Monopoly Law that it does not abuse right is not applied.