The Necessity and Propriety of Defining Technology and Innovation Markets in the Analysis of Intellectual Property Licensing Arrangement
Andy C. M. Chen
|關鍵字:||技術市場;創新市場;智慧財產;公平交易法（競爭法）;授權;technology market;innovation market;intellectual property;fair trade law (competition law);licensing arrangement|
Owing to the rapid development of industries, firms are now laying more emphasis on the importance of intellectual property strategies not only by taking active participation in innovation as well as research and design (R&D), but also by exploiting the intellectual property licensing in competition. Countries spur the industrial development and technology advancement with parallel approaches of intellectual property law and competition law in order to have strong international presence. The United States Department of Justice and Federal Trade Commission established the concepts of “technology market” and “innovation market” so as to know the influence of licensing arrangements of intellectual property rights between firms on competition, especially in technology and innovation. This has also had an effect on our country and the European Union. This thesis aims to analyze concepts of technology market and innovation market in competition law, in regards of theoretical adequacies, the necessity of defining and analyzing, and the possibility to be defined. The preliminary conclusion is “technology market” should be drawn as the need to conduct independent definition and analysis upon investigation into the influence of licensing arrangements on competition. In point of fact technology market can be defined, and, if not taken into account, possible omission of certain licensing arrangements that have negative impact on competition may ensue from actuality. Yet nevertheless “innovation market” is not an appropriate concept for competition law. Not only it constitutes an imperfection on legal grounds, there is also the possibility of false judgment upon definition and analysis that leads to prohibition of licensing arrangements that do not have any anticompetitive effect. This thesis claims that by observing the technology market, understanding of firms’ innovation and R&D situation can be made. So is a profitable technology sure to draw active investments. Accordingly, the primary concern for antitrust agencies to prompt innovation and R&D is to protect the technology market and to eliminate entry barriers for such.