| Summary: | 碩士 === 國立清華大學 === 科技法律研究所 === 106 === The competition in standard market will introduce kinds of commercial issues for exercising intellectual properties and has drawn increasing attention in knowledge-based industry. “Standard” not only motivates innovation with economic benefits by collecting the knowledge of people to facilitate the industry progress, but also induces the incentive of anti-competition. The exclusive rights originating from patent law shall equip standard essential patents with monopoly power, and introduce anti-competition issues. In the consequence, the conflict issues between patent law and competition law raised when innovating and exercising standard essential patents.
This study discusses the background of anti-competition in standard market and provides systematical analysis for commercial behaviors. Furthermore, the equity is discussed through examining the originality of patent law and competition law so as to analyze the standard market power. Through the analysis of competition practices, it is found that there can be two kinds of monopoly power in a standard market. The demand will shape the competition in developing a standard while the standard essential patent shall impact the competition in implementing a standard.
This study also discusses some empirical cases applying standard market power for competition analysis. It is expected that the proposed methodology can provide new aspects of thinking to research and administrate the urgent competition issue of standard market in knowledge-based industry.
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