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영어

The principal legal feature of intellectual property as property is the right to grant of exclusivity for special period of time. This right is intended to provide an incentive for entrepreneurs to innovate by rewarding those efforts with a period during which they can exclude others from making use of the fruits of their efforts. Thus, the degree of intellectual property protection is appropriate and necessary to spur innovation. However, the antitrust laws promote innovation and comsumer welfare by prohibiting certain action that may harm competition and create market power. The intellectual property rights and antitrust principles are inherently antagonistic, nevertheless, the intellectual property laws and antitrust laws share the common purpose of promoting innovation and enhancing consumer welfare. Some favor broader protections and less stringent antitrust constraints, and others view over protection of intellectual property as a real threat to competition. The core question has become ‘what level of intellectual property protection is sufficient to create a substantial incentive to innovate, without creating rights to exclude so broad as to seriously impair competition?’ This study is focus on determining whether a particular restraint in licensing the intellectual property is given per se or rule of reason treatment. In conclusion, the article 59 of Monopoly Regulation and Fair Trade Act should be revise to be accurated.