| Summary: | 碩士 === 淡江大學 === 國際貿易學系國際企業學碩士班 === 95 === In the age of knowledge-based economy, United States and Europe encourage enterprises to innovate through sound patent rights system. High technology companies use patent rights or other intellectual property rights to protect their innovative achievements, and license their patented technologies to the countries which adopt patented technologies to manufacture for acquiring a huge amount of royalty. Therefore making a high technology product involves hundreds of patent rights to manufacture. Patent pools licensing agreement could integrate complementary resource, decreasing litigation cost of interested parties, sharing members’ innovative risk, and promote industry standards. However the patentees could eliminate competitors in the market through patent pools licensing, and bring unjust competition in the market. For example, price-fixing, outputs restriction, or tying agreement which license unessential patents in package licensing.
This article analyze patent pool case in Taiwan to figure out the rules of patent pools in Taiwan are incomplete. United States authority makes laws depending on current economic situation and judge the legality of patent pools under the rules of reason. Besides, the authority of United Stated establish investigation in advance as Business Review Letters to make patent pools license agreements are base on definite legality. Under the current economic situation in Taiwan, the companies are short of essential patents, but often play the role of the licensee. Therefore the authority in Taiwan should pay attention to the unjust competition of patent pools for preventing Taiwan companies from damage. In Taiwan, however, licensors and licensees couldn’t follow rules definitely because lacking a set of the guideline for patent pools licensing agreements. This article uses the rules and case in United States as reference and estimates the current economic situation in Taiwan, recommending the way of completing the rules of patent pools in Taiwan. This Article’s suggestion includes the safe zone of internal collaboration and the external licensing in patent pools, as the authority in Taiwan a judging criterion.
|
|---|
