The Study of Patent Licensing Controversies Based on Competition Law-With the Domestic Optical Storage Media Industries as an Illustration
|關鍵字:||專利授權;專利濫用;反托拉斯法;Patent Licensing;Patent Misuse;Antitrust Law|
Patent right is an exclusive power of patent owners granted by IP administrative bodies. Unless otherwise provided by other laws, the patentee shall have the exclusive right to preclude other persons from manufacturing, making an offer for sale, selling, using, or importing for above purposes the patented article or adopting the patented process without his/her prior consent, otherwise, the aforesaid behaviors will be involved in patent infringement. In recent years, the reasons more and more patentees exercise their own rights through patent licensing and lawsuit by claiming unfeasible reasons such as market competition or economic depression. Patent law is designed to enhance the entire economic development, but not to accumulate patentees’ private wealth. However, patentees can improperly expand their legal authorities by willfully non-practicing the patent rights or imposing more limitations of patent licensing which usually results in patent misuses. Fair competition in the market is thus been devastated. The objective of patent law is to stimulate innovation and industrial development. However, a controversy might occur if the laws shall protect those patentees who impair fair market and public interests from a competition laws perspective whose main purpose is to protect competition and the fairness of transaction. The fundamental idea of competition law is fair market principle and any misconduct that hamper market competition shall be punished including any patent misuse. In both U.S Antitrust Laws and Taiwan Fair Trade Act, patentee or patentors shall be prohibited from destroying fair competition by using price fixing, limitation of patent licensing or other inequitable ways. This thesis will focus on the patent licensing controversies from a competition law perspective and the purpose is to reasonably reflect whether the existing patent licensing pattern has resulted in unfair competition and been inconsistent with theory of law. Furthermore, the research outcomes and suggestions are intend to enhance future patent licensing activities in a more feasible and reasonable way, in addition, the relevant administrative entities will reasonably interfere with any commercial controversies related to market unfair competition.