Earticle

초록

영어

In the current economic circumstance, industry standards play an important role for business and consumers, widely understood as one of the instruments leading the modern economy. Standards can make products more valuable to consumers because of interoperability among products following the same standard. They, thus, can widen consumer choice and increase social efficiency. However, it is reported that a standard could make innovation retarded by requiring significant additional costs to switch to alternative standard after the standard has been adopted. In particular, if a patent proprietor covers the technology required to implement the standard, he/she can exploit users of the technology by appropriate excessive royalty or royalty discrimination between competitors of the patent holder. For this reason, SSO requires those members to disclose patent information of potential standard technologies and FRAND commitment before publicize the standard. Unfortunately, such disclosure rules can be avoided and a SSO member can exclude substitute technologies and dominate a relevant market of the technology incorporated the standard in the standard-setting process. In this situation, the SSO member’s violating disclosure rules of SSO can be condemned as exclusionary anticompetitive behavior and, thus, establish the infringement of antitrust law. However, a monopolist's act interrupting antitrust law must harm the competitive process, rather than one or more competitors. For this reason, the antitrust plaintiff, the Government as plaintiff-that bears the burden of proving the causation between an exclusionary practice and anticompetitive effect of the monopolist's conduct. In the context of standardization process, the infringement of the rule of disclosing IP should be considered as general causation of monopolization of the standard technology. For this conclusion, SSO’s patent policy requiring disclosure of IP in the standard technology should show the scope of the disclosing duty and the result of indolence of the duty.

목차

I. 서론
 Ⅱ. 사적 표준개발 과정의 의의와 규제 원칙
  1. 표준개발의 사회적 의의
  2. 사적 표준개발 과정의 경쟁제한성 억제를 위한 일반원칙
 Ⅲ. 표준화 과정의 지식재산권 공개의무 및 범위
  1. 표준필수기술 선정절차 안에서 지식재산권 정보공개의 의의
  2. 잠재적 표준필수기술에 대한 공개대상 지식재산권의 범위문제
  3. 잠재적 표준 필수기술에 대한 특허정보의 제공방식과 내용수준
  4. 지식재산권 공개의무 내용의 변화
 Ⅳ. 표준화 기구 지식재산권 공개정책 위반의 효과
  1. 지식재산권법 일반이론 등에 의한 기만행위자의 권리실행 제한
  2. 은닉행위 자체의 경쟁제한효과 및 독점규제법의 적용
 Ⅴ. 결론
 참고문헌
 

키워드

저자

• 오승한 [ Oh, Seung-Han | 아주대학교 법학전문대학원 부교수. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  산업재산권 [Journal of Industrial Property]

• 간기

  계간

• pISSN

  1598-6055

• eISSN

  2733-9483

• 수록기간

  1995~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 367 DDC 346