특허권의 행사와 공정거래법의 관계

Abstract

The relationship of Fair Trade Act and Intellectual Property Law has been steadily studied, but the discussion so far was limited. Two conflicting aspects that ultimately contribute to the development of the industry by promoting competition in the sense that the common, but the law, while for in Article 59 of the Fair Trade Act, only draw the conclusion that it is just to check the regulations. Yet, ‘unfair’ exercise of the rights of any case focused on whether the application of Act No. 59 In that case, the way to apply the Fair Trading Act interpretation and,from this perspective, the Fair Trade Commission of 2010. 3. 31. Screening guidelines “prepared”for the wrongful exercise of intellectual property rights in the Fair Trade Commission (FTC)illustrates the behavior of the various types of intellectual property rights, while if any case is unfair on the recipients’ exercise of the rights mainly stipulates. However, whether the undue exercise of intellectual property rights, whether the individual intellectual property laws should be provided though our patent law, etc., but the lack of regulations on patent misuse Supreme Court ruled through a series of patents, including abuse of criteria independently established to have been. But Apart from this, the Fair Trade Commission screening guidelines set forth in the standards of patent misuse, and have neglected the two laws of their own position and also the problem of consistency in standards and precedent and not wrong cause you can. POSCO verdict is recognized as the most important precedent in the history of the Fair Trade Act of Main Issues on the basis of recognized and applied, except when considering the bar, which is thought to be derived from Article 59 of the Fair Trading Act in interpreting the origins of these problems of Article 59 of the Fair Trading Act Joe simply check I would rather not be seen as a regulatory demonstrated the important legislative decisions. Fair Trade Law Article 59 to interpret, and it is based on the assumption based on the abuse of intellectual property rights in such intellectual property rights for the anti-competitive effects occur in the Fair Trading Act and regulations, and individual intellectual property law in the regulation of the self to be the own area. Of the Fair Trade Law Article 59 In this paper, we own the intellectual property laws of the Fair Trade Act regulatory regions through delimitation of the revision and future challenges of the current screening guidelines provide direction. Therefore, Fair Trade Law should be centered not the standards of patent misuse but the standards of what cases occur the anti-competitive effects. The FTC’s guidelines will have to be revised in that direction.