earticle

영어

On changes of environments around technology such as the complexity of technology, reduction of product life cycle, fast evolutional rate of technology, etc. it is impossible for companies to develop all necessary technologies for products or services and make inroads into them by themselves. It is inevitable for firms to collaborate with other companies or innovation agents like university, government-supported research institutes, etc. Therefore, companies have also much interests in how they can increase the efficiency and effectiveness of the innovation process and gain the increases of innovation performance. Patent pooling can be a very useful open commercialization mechanism of technologies. In recent, Japan's public policy change on patent pools gives us much implications for competition and industrial policy. To keep step with USA and EU, Japan prepares well-established regulation guidelines for patent pooling. In particular, in 2007, Japan competition agency(JFTC) reformed the prior 1999 IP Guidelines and balanced between the IP guidelines and the special guidelines for standardization and patent pooling arrangements. However, Korea does not have systemic regulatory guidelines on patent pools. Therefore, The paper suggests that the competition agency should establish the regulation frameworkunder competition law for reducing uncertainty of competition policy and encourage exploitation of the new open technology commercialization mechanism by refining the IP guidelines in the perspective of the properties of the pooled IPRs, structure of the pools, operation and management, restrictions on the participants and/or third party licensees, and relevance with technology or industry standards, etc.