특허풀의 경제적 효과 및 핵심성공요인 (Study on economic effects of the patent pools and their key success factors)

서지정보

· 발행기관 : 한국지식재산학회
· 수록지 정보 : 산업재산권 / 27호 / 285 ~ 316페이지
· 저자명 : 권영관

초록

Nowadays, technological assets are recognized as principal determinants of firms'
competitiveness and thus firms all over the world invest much resources to develop
new technology or innovation. As technology in general is getting more advanced
and complicated, there may be many owners with Intellectual Property Rights(IPRs)
in relation to particular product or service. In this aspects, the patent pooling have
a fast growing interest as a good alternative means for decreasing transaction costs
between IPRs owners and promoting technology commercialization and diffusion.
The patent pool is basically a kind of inter IPR owners' cooperation involving
many stakeholder. Therefore, the patent pooling may broadly influence on the
technological strategy and/or innovation activities of firms as well as the related
industry and market. On the contrary there are much legal discussion about the
patent pool, economists and management scholars do not have a much interest in
the particular licensing mechanism. However, according to recent economic
literatures, a patent pool consisting of complementary technologies is generally
recognized as procompetitive by competition authorities and scholars because of their
positive effects on final goods price and industry output. Even though some scholars
insist that the patent pool consisting of complementary technologies affect negatively
on the firms' innovation activities depending upon the number of innovators and
essential IPRs, it is theoretically supported that the patent pool can have positive influence on the innovation market as well as final goods market.
Although we recognize the positive effects of patent pool, there may be various side
effects if we permit unconditionally the patent pool. Therefore, we should prepare a
socially optimal mechanism that induces the welfare-increasing patent pools but prevent
the welfare-decreasing patent pools. In my opinion, both “Openness” in membership
and “Independent licensing” of members is a useful tool of the socially optimal
mechanism. In addition, it is necessary that we control effectively behaviors of potential
outsider in the pooling activities if we activate successfully the welfare-increasing patent
pools. For this purpose, it is reasonable that we consider the intervention of a
standard-setting organizations(SSO) or third-party licensing administration institute in the
patent pooling activities. In particular, these SSO or third-party licensing administration
institute should implement mainly function in relating to pricing of IPRs such as the
evaluation of essential technologies, appropriate royalty rate, etc.

영어초록

Nowadays, technological assets are recognized as principal determinants of firms'
competitiveness and thus firms all over the world invest much resources to develop
new technology or innovation. As technology in general is getting more advanced
and complicated, there may be many owners with Intellectual Property Rights(IPRs)
in relation to particular product or service. In this aspects, the patent pooling have
a fast growing interest as a good alternative means for decreasing transaction costs
between IPRs owners and promoting technology commercialization and diffusion.
The patent pool is basically a kind of inter IPR owners' cooperation involving
many stakeholder. Therefore, the patent pooling may broadly influence on the
technological strategy and/or innovation activities of firms as well as the related
industry and market. On the contrary there are much legal discussion about the
patent pool, economists and management scholars do not have a much interest in
the particular licensing mechanism. However, according to recent economic
literatures, a patent pool consisting of complementary technologies is generally
recognized as procompetitive by competition authorities and scholars because of their
positive effects on final goods price and industry output. Even though some scholars
insist that the patent pool consisting of complementary technologies affect negatively
on the firms' innovation activities depending upon the number of innovators and
essential IPRs, it is theoretically supported that the patent pool can have positive influence on the innovation market as well as final goods market.
Although we recognize the positive effects of patent pool, there may be various side
effects if we permit unconditionally the patent pool. Therefore, we should prepare a
socially optimal mechanism that induces the welfare-increasing patent pools but prevent
the welfare-decreasing patent pools. In my opinion, both “Openness” in membership
and “Independent licensing” of members is a useful tool of the socially optimal
mechanism. In addition, it is necessary that we control effectively behaviors of potential
outsider in the pooling activities if we activate successfully the welfare-increasing patent
pools. For this purpose, it is reasonable that we consider the intervention of a
standard-setting organizations(SSO) or third-party licensing administration institute in the
patent pooling activities. In particular, these SSO or third-party licensing administration
institute should implement mainly function in relating to pricing of IPRs such as the
evaluation of essential technologies, appropriate royalty rate, etc.

참고자료

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