A study of the regulatory systems for abuse of standard-essential patents: the Korea-China FTA as a solution to regulatory problems

Kim, D.-H. , Lee, H. and Eom, D. (2013) A study of the regulatory systems for abuse of standard-essential patents: the Korea-China FTA as a solution to regulatory problems. Journal of East and West studies, 25(2),

Abstract

In 2013, the global patent war is in progress. Some transnational corporations have been distorting the market competition by abusing their standard-essential patents and, in turn, consumers have ended up paying for the costs of such abuse. Korea and China rely on their own regulatory systems (e.g. competition law and intellectual property law) to regulate abuse of standard-essential patents, which include: i) abuse of injunctions; ii) a violation of FRAND commitments; iii) deceptive acts; iv) coercive package licensing. This paper finds that Korea`s and China`s regulatory systems can allow for excessive enforcement of competition law and compulsory licensing in a manner inconsistent with the WTO TRIPS Agreement. It suggests, as solutions to such problems, that the both countries discuss the following issues in the Korea-China negotiations: i) the obligation of competition authorities to objectively demonstrate anti-competitive effects; ii) prior negotiations and necessity requirements for compulsory licensing for public interest; iii) establishment of an IPR committee.

• Item Type: Articles
• Additional Information: Published in Korean
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Kim, Dr Dong-Hyu
• Authors: Kim, D.-H., Lee, H., and Eom, D.
• College/School: College of Social Sciences > Adam Smith Business School > Management
• Journal Name: Journal of East and West studies
• Publisher: Institute of East and West studies, Yonsei University
• ISSN: 1225-8814