If a patent owner wants his patent technology to be used widely in the technology market, he shall try his patent technology to be decided as a standard. For example, we Korea has succeeded our technologies related to CDMA, DMB and WIBRO to be chosen ...
If a patent owner wants his patent technology to be used widely in the technology market, he shall try his patent technology to be decided as a standard. For example, we Korea has succeeded our technologies related to CDMA, DMB and WIBRO to be chosen as standards by international standard organizations such as ITU-T and ISO, and these facts make us to be leaders in the several markets of important IT markets.
On the other side, we should make some technology control system for users to use the patent technologies chosen as standards and make the development of industry. For these reasons, we should study on the legal systems of standards.
We should group standards into two classes, 'de jure standard' and 'de facto standard'. For the control of 'de jure standard', standard organizations establish standards with contracts between patent owners and standard organizations.
But we can't control 'de facto standard' with only contracts. Therefore, we have applied anti-trust(competition) rules on the matters of 'de facto standard' but we can find several harmful side effects. Accordingly, I want to propose to use compulsory license statutes on Patent Law to make control standards including 'de jure standard' and 'de facto standard'.
Also, we should set up the object and level of standard policy and these will help to make technology control strategies using contract law and patent act.