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초록

영어

The conclusion of international contracts concerning licensing of intellectual property rights gradually increases and thus, it is necessary to study anti-trust laws, principles and policies in foreign countries and Korea, so as not to include unfair provisions ar the contents conspiracy for trust in such contracts. An object of this study is to provide a licensor ar licensee with a fair opportunity to grant or use various licenses under the circumstances which Intellectual Property Law match with the fair Trade Law. The antitrust institution is in the complementary relation with the patent institution in the regards that through encouraging innovation and economic development, both are alimed at increasing consumer welfare in the ultimate dimension in Korea, The Monopoly Regulation and Fair Trade Law Prescribes Article 59. This Article does not indicate that The monopoly Regulation and fair Trade Law shall not apply to any exercise of the intellectual property with no exception patents do not necessarily confer monopolistic power on their owners. sometimes owners or acquirers of intellectual property can monopolize the relevant market, using the intellectual property as a leverage. In such situation, the Antitrust Law shall apply to and unfair or unjust exercise of the intellectual property laws until recently, there has been no case where court or the fair Trade Commission decided intellectual property owners conduct as illegal under Antitrust Law. In this paper, we observed the U.S. antitrust cases involving intellectual property issues. In so doing, we can learn some useful lessons in solving similar case that we can encounter sooner or later in the future.

목차

I. 머리말
 II. 지적재산권법과 독점규제법의 관계
 III. 국가별 독점규제법과 특허권 남용의 법리- 법체계상의 구별을 기초로 한 -
 IV. 특허권 남용의 법리와 효과 - 미국의판례중섬 -
 V. 특허권의 부당한 행사기준과 취득 및 비적용범위
 VI. 맺음말
 참고문헌
 Abstract

키워드

특허권 공정거래위원회 독점규제 지적재산권 경쟁제한 산업발전 발명 Intellectual property right Fair Trade Law Antitrust Patent Innovation Licensing

저자

• 홍봉규 [ Hong, Bong-Kyu | 경기대학교 산업재산권학전공 교수 ]

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