특허풀과 시장경쟁

Abstract

Patent Pool and Market Competition Soyoung Yook Patent pool is one of methods combining patents to make it easier to use other's patents or to enjoy a superior position in a market. A patent holder can enhance the value of his patent and monopolize a market through a patent pool. While a patent pool gives a patent holder superiority, it may cause the contrary effect which provides a holder the monopoly of goods and services in a society as whole. If a patent pool controls a market, it becomes a anti-competitive tort. However, it is wonder whether a patent pool always causes such a anti-competitive effect. In fact, a patent pool has a anti-competitive and market-restraining effect as well as a pro-competitive aspect. Also all patent pools must not be estimated in a uniform way and their market influences must be appraised by their structural features. A patent pool purses owner's private interest of maximizing monopoly power, but also pursues positive public interest of increasing research and development through combination of several patents. It is true that even though a patent pool opens its door as wide as possible, its monopolistic and closed nature will not totally disappear. However, considering patent pool's merits and demerits in a society, sufficient efforts must be made to minimize monopolistic elements of a patent pool and such efforts will make a patent pool operated in a reasonable and beneficial way for society.