earticle

영어

Patents and copyrights have been held to be a social tool to induce technology innovation, thus increasing social welfare. In reality, the patents and copyright could be used as the assets to exclude efficient competitors. The proprietors of patent and copyright have employed a variety of exclusive license practices affecting competition in a relevant market. In many case relating patent and copyright proprietors ’ exclusive license terms, courts have found their practices to establish the violation of antitrust law. In particular, the proprietors’ strategy which raise rivals’ costs increase significantly can constitute to be illegal under the antitrust law. In the Korean monopoly regulation and unfair practice law, if the market dominant patents and copyright proprietors, which are vertically integrated, use their rights to exclude competitors in a vertically related market, it may be considered as a market dominant’s abusing its power. However, the exclusionary right performers still may insist the reasonableness of their behaviors. In the antitrust law perspectives, the reasonableness should be evaluated with respect to the role of patent and copyright right contributing to technology development. Moreover, the amount of the effect increasing social welfare by the patent and copyright right can be different due to the characteristics of an industry and the technology.