| Summary: | 碩士 === 國立臺灣科技大學 === 管理研究所 === 97 === Patent is a kind of non-physical property and it's the exclusive right entitled by legislator, which encourages human being to innovate and protects the fruits of intellectual workings. To maintain the order of fair competition of markets, however, the competition law prohibits abuse of monopoly, lessen or to impede fair competition, and eliminates the unfair trading, which promotes consumer's rights incidentally.
Accordingly, there is a conflict between patent law and competition law. Those conflicts and controversies have drawn a lots of people's attention. In recent years, Taiwan technology manufacture industry has played a key role globally. Nevertheless, Taiwanese enterprises do not own the patent, and the patent licensing is very crucial to those companies. This is so important to the patent licensors, too. For example, the licensors are used to litigating for charging plenty of royalty. Accordingly, what measures domestic companies and the government should take is so important.
This dissertation will focuses on the “Philips CD-R” case. At first, some relevant articles in Patent Act, Fair Trade Act and foreign/international regulations are needed to interpreted seriously. Next, the following approaches are also adopted, such as legal literatures researching, case-study and in-depth interviewing, which could improve the comprehension for whether the limitations set by patent licensors are legally fair to the licensees or not. In addition, this dissertation not only discusses the equity between licensors and licensees' rights under the patent pool institution, but also considers the problems confronted by domestic industry. Moreover, the measures taken by the government possibly and academic advices would be analyzed carefully, too. Eventually, this dissertation manages to propose certain concrete solutions or suggestions to the industry and the government.
Through the approaches mentioned above, the conclusions are the followings:
1. Patent Pool institution could function cost-down and promote the economy efficiently.
2. When administrative regulations applied for patent system by the authority, the social interests and the conception of the right of intellectual property must be considered.
3. The relevant administration should be eager to promote the plateau for patent trading, because this system would be balance licensors and licensees equally.
4. Domestic companies should devoted themselves to the innovation, R&D, participating in the standard-setting held by S.S.O., applying cross-licensing, information exchanging, sharing the experiences of infringement negotiation, and group-delegationed negotiation with licensors to react legally and immediately.
To sum up, this dissertation suggests the followings:
1. The government: a.) should regulate the patent pool by legislation, b.) Patent Act Article 76 must be amended, c.) to expand the function of the plateau for patent trading.
2. Domestic companies should make efforts to the management of patent risk actively, such as R&D, participating in the standard-setting held by S.S.O., information exchanging, the experiences of infringement negotiation sharing, and group-delegationed negotiation with licensors. Accordingly, they could confront the claims for royalty which is almost endless.
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