IT分野의 技術標準과 特許制度와의 關係 = (A) study on the relation of standard and patent system

다국어 초록 (Multilingual Abstract)

It won't be exaggerated that in the 21th century global standard will affect strongly competition power of a nation as well as an enterprise. According to a report of OECD, about 80% of world trades are affected by related standards. Especially 50% of EU products are allowed to trade only when the compulsory standards are satisfied. Therefore all the enterprises in the world are making an effort to standardize.
On the other hand, a standard technology is closely connected to intellectual property rights (IPRs) of the technology. Because the standard technology can be used only a person who has the right of it allows it to be used, it is an important matter to review the range of IPRs.
Especially in the cases of information technologies (IT) which are complex and correlated each other, the possibility that they include many IPRs (specially patent) is high. So many enterprises are trying to make their IPRs adapted as global standards.
Therefore, the International Standards Organizations such as ITU are recommending the rightful enterprises which participate in standardization process to submit information about related IPRs and statements granting a license to an unrestricted number of applicants on a non-discriminatory basis and on reasonable terms and conditions to use the said IPRs. At the same time, they are trying to investigate other IPRs themselves to maximize the purpose of creating the public goods through social spread of technologies
But as the validity of the statements submitted by the said rightful enterprises and the analyzing point about the said non-discriminatory basis and on reasonable terms and conditions are not clear, there is still the possibility of raising a trouble. Also, opening the said information of the P R s is not compulsory and exact investigating is actually difficult. Therefore there are still many cases where important IPRs are uncovered in the standardization process.
Furthermore, if there is the possibility that the said rightful enterprises are denying to submit the said statements to monopolize related market, which results in disorder of healthful market system, it is issue whether the said case is against the Antimonopoly Law. And though the Antimonopoly Law is applied, there are still some problems of admitting enforcement.
In this paper, based on the said problem, beginning with summarized introduction to IPR(especial1y patent) and standard system which are crucial in the IT oriented society, the relationship between the two and viewpoint of International Standards Organizations about the said issue in the process of or after standardization are analyzed. Especially, in case the two are in conflict with each other, the actions which have to be taken are analyzed in various viewpoints such as those of patents law and dispute mediations.
But, as the issue has not been interested nationwide, it is to be regretted that the data about the issue was not enough to analyze it from more various viewpoints. I hope that it will be studied more systematically through constant interest and analysis in the future.

목차 (Table of Contents)

• 목차 = ⅰ
• 제1장 序論 = 1
• 제1절 硏究의 目的 = 1
• 제2절 硏究의 範圍 및 方法 = 3
• 제2장 標準 = 4
• 제1절 標準의 意義 = 4
• Ⅰ. 標準의 定義 = 4
• Ⅱ. 標準化의 槪念 = 5
• Ⅲ. 標準의 歷史 = 5
• 제2절 標準의 基本 原理 = 6
• Ⅰ. 標準 制定 節次 = 6
• Ⅱ. 標準의 效果 = 8
• Ⅲ. 標準의 分類 = 11
• 제3절 IT분야의 標準化 機關 = 14
• Ⅰ. 國內 = 14
• Ⅱ. 國外 = 16
• Ⅲ. 國際 = 24
• 제3장 特許制度 = 27
• 제1절 特許制度의 目的 = 27
• Ⅰ. 發明者의 保護 = 27
• Ⅱ. 第3者의 利用 = 27
• Ⅲ. 産業發展에 寄與 = 28
• 제2절 特許權의 法的 性質 = 29
• Ⅰ. 特許權의 發生 = 29
• Ⅱ. 特許權의 存續期間 = 29
• Ⅲ. 特許權의 消滅 = 29
• 제3절 特許權의 效力 및 制限 = 30
• Ⅰ. 意義 = 30
• Ⅱ. 特許權의 效力 = 30
• Ⅲ. 特許權의 效力 制限 = 31
• 제4장 技術標準과 特許制度와의 關係 = 50
• 제1절意義 = 50
• 제2절 IT분야 標準化 機構의 特許政策 = 51
• Ⅰ. 國內 = 51
• Ⅱ. 國外 = 52
• Ⅲ. 小結 = 61
• 제3절 特許政策의 問題點 = 63
• Ⅰ. 特許權 및 情報範圍 關聯 = 63
• Ⅱ. 權利 當事者 關聯 = 63
• Ⅲ. 其他 = 69
• Ⅳ. 小結 = 69
• 제4절 標準化에 따른 紛爭事例 = 70
• Ⅰ. 國內 = 70
• Ⅱ. 國外 = 72
• Ⅲ. 小結 = 74
• 제5장 相互抵觸에 따른 制度的 改善 = 77
• 제1절 特許法制的 側面 = 77
• Ⅰ. 標準對象 技術의 優先審査 = 77
• Ⅱ. 標準化에 따른 公和適用의 例外 = 78
• Ⅲ. 標準 對象技術의 强制實施權 擴大 適用 = 78
• 제2절 紛爭에 따른 調整의 活性化 = 79
• Ⅰ. 産業財産權調整委員會 擴大 運營 = 79
• Ⅱ. 其他 代替的 紛爭解決制度(ADR) 活性化 = 80
• 제3절 標準關聯 技術 DB構築 및 活用 = 82
• 제4절 特許關聯 機關과 有機的 情報交換 = 83
• 제6장 結論 = 84
• 參考文獻 = 87
• ABSTRACT = 91