earticle

영어

Hybrid License is generally recognized as a form of license involving patent right, granted or under the filing, with other intellectual property rights which are not coextensive with patent thereof. As Hybrid License is widely practiced in the licensing business worldwide, it has been subject of legal research and analysis by the court in the United States. In the landmark case of Brulotte, the U.S. Supreme Court has decided that continued obligation of royalty payment provision after patent expiration to be per se unenforceable. Although the Brulotte case is still recognized to be the law today, there has been obvious tension between the Brulotte rule and the law of patent validity as stipulated by the Court of Appeals for the Federal Circuit. Therefore, it is required for practitioners in the related business to carefully review the law and case decisions for considering whether royalty payment provision in the Hybrid License is properly allowed in its legal contour or not. In this paper, it is designed to review theoretical background of Hybrid License and major case decisions by the court in the United States and to discuss the possibility of applicability in terms of practical aspects, wherein various court decisions by the Federal Circuit and the Supreme Court are reviewed and Analyzed. Finally, suggestions to licensing practice based upon above analysis are provided to test applicability of Hybrid License issues and resolutions.