특허환경의 변화에 따른 지적재산권 보호 방안에 관한 연구
The Protective Measures of Intellectual Property in Response to Changes in the Patent Market
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The transformation of the global patent race and patent business environment has created an unpredictable forum. Google's recent acquisition of Motorola Mobility in order to acquire patents brings to light the alliances between the interested companies and also shows the increase in patent litigation. First, recently the patent business industry has begun to take notice of these patents as live assets. Second, the patent business model is becoming more specialized. Third, the non-practicing entities (NPE) are emerging to the forefront. These companies make money by threatening existing manufacturers through litigation or licensing agreements. The fierce competition between companies to secure and protect patents is being unfolded in the information technology sector, where the pace of technological innovation is quick and patent applications are numerous. Technology and market share dominance in the rapidly growing field of convergence of smartphones is being portrayed as competition for power. Because smartphones require numerous patents and all the major operating system vendors have weak communication technologies, the alliance for the expansion of patent portfolios is very active. In addition, smartphone manufacturers such as Samsung Electronics, who holds as edge in patent competitiveness, are expected to follow a strategy which reduces dependency on a particular operating system by using multiple operating systems and developing its own operating system. Bankrupt Qimonda established Qimonda Licensing in order to transform itself into a patent portfolio company and both Micron and Renesas have either sold their patents to patent portfolio companies RRR and Acacia or and have used strategic alliances to commercialize their inventory of patents. Holding these patents the patent licensing companies have aggresively attacked against the weaker companies. These blocking patents act as a barrier to block new companies from entering the market. Korean firms should establish a system that utilizes patents as a business asset in this new patent business world. Furthermore, they should actively participate in the global patent industry. Finally, the government should promote a uniform patent policy in order to strengthen industrial competitiveness.
Abstract
The transformation of the global patent race and patent business environment has created an unpredictable forum. Google's recent acquisition of Motorola Mobility in order to acquire patents brings to light the alliances between the interested companies and also shows the increase in patent litigation. First, recently the patent business industry has begun to take notice of these patents as live assets. Second, the patent business model is becoming more specialized. Third, the non-practicing entities (NPE) are emerging to the forefront. These companies make money by threatening existing manufacturers through litigation or licensing agreements. The fierce competition between companies to secure and protect patents is being unfolded in the information technology sector, where the pace of technological innovation is quick and patent applications are numerous. Technology and market share dominance in the rapidly growing field of convergence of smartphones is being portrayed as competition for power. Because smartphones require numerous patents and all the major operating system vendors have weak communication technologies, the alliance for the expansion of patent portfolios is very active. In addition, smartphone manufacturers such as Samsung Electronics, who holds as edge in patent competitiveness, are expected to follow a strategy which reduces dependency on a particular operating system by using multiple operating systems and developing its own operating system. Bankrupt Qimonda established Qimonda Licensing in order to transform itself into a patent portfolio company and both Micron and Renesas have either sold their patents to patent portfolio companies RRR and Acacia or and have used strategic alliances to commercialize their inventory of patents. Holding these patents the patent licensing companies have aggresively attacked against the weaker companies. These blocking patents act as a barrier to block new companies from entering the market. Korean firms should establish a system that utilizes patents as a business asset in this new patent business world. Furthermore, they should actively participate in the global patent industry. Finally, the government should promote a uniform patent policy in order to strengthen industrial competitiveness.
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