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A Study on the Policy Solutions to Prevent Abuse of Patents :Focusing on Patent Ambush
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특허권 남용예방을 위한 정책방안 연구 : 특허매복행위를 중심으로

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Type
Academic journal
Author
Journal
The Korea Society of Digital Policy & Management 디지털융복합연구 디지털융복합연구 제18권 제5호 KCI Accredited Journals
Published
2020.1
Pages
9 - 16 (8page)

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A Study on the Policy Solutions to Prevent Abuse of Patents :Focusing on Patent Ambush
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Abstract· Keywords

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Recently, a patent holder of a technology that has been selected as a standard has caused considerable difficulties in enacting and using a patent technology standard as a patent ambush act that abuses the right. Major countries in the world are preparing legal grounds to prevent patent ambush, but in Korea, legal binding is very limited. Therefore, in this study, various proposals were attempted to prepare problems and policy solutions related to patent ambush in standard patents. In particular, we investigated issues and cases related to domestic and foreign ambush patents, it is considered that it is necessary to prepare a legally available device, clear standards for abuse of FRAND patent rights, and a patent compensation system to prevent patent ambushing.
#Patent abuse #Patent ambush #standardization #FRAND #Standard patent

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References (15)

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EU Commission. / 2001 / Guidelines on the Applicability of Article 81 of the EC Treaty to Horizontal Cooperation Agreements / Official Journal of the European Communities 100:2~30 google schola The Korea Fair Trade Commission. / 2016 / Review Guidelines on Undue Exercise of Intellectual Property Rights google schola The Korea Fair Trade Commission. / 2011 / Standard operating standards of the standardization organization for compliance with the Fair Trade Act google schola R. Bekkers / 2012 / Standardizing intellectual property disclosure data google schola R. Bekkers / 2012 / A study of IPR policies and practices of a representative group of Standards Setting Organizations worldwide google schola

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