Friday, September 14, 2012
Exercise of Standard-Related Patents and Application of Korean Competition Law -- With a Focus on Critical Review on the IPR Guidelines
Posted by D. Daniel Sokol
Dae Sik Hong, Sogang University and Namhoon Kwon, Konkuk University have written on the Exercise of Standard-Related Patents and Application of Korean Competition Law -- With a Focus on Critical Review on the IPR Guidelines.
ABSTRACT: The purpose and main scope of this paper is to focus on the types of specific conducts with potential issues, the standards for them, and the applicable factors to be considered that were provided with respect to the exercise of patent rights in relation to technical standards in the Guidelines on the Abuse of Intellectual Property Right (“IPR Guidelines”) amended by the Korea Fair Trade Commission on March 2010, critically review the methods to identify the types of such conducts and relevance of such proposed standards, and propose alternatives thereto. As related problems, this research also reviews problems with the general principles of examination relating especially to the subjective requirements, conduct beyond scope of legitimate exercise of patent rights and limitations on the Monopoly Regulation and Fair Trade Act(“MRFTA”)'s intervention, and judicial remedy under the civil law with unreasonable exercise of standard-related patents.