본문 바로가기
  • Home

The harmony and Conflict of IPR Law and Anti-trust law

  • Informatization Policy
  • Abbr : 정보화정책
  • 2006, 13(4), pp.37-51
  • Publisher : NIA
  • Research Area : Social Science > Public Policy

백형기 1

1국방부

Accredited

ABSTRACT

Intellectual Property Law leading the industrial development in the age of knowledge information vs Antitrust Law as the basis of competition policy - are these two laws opposing or possible to be harmoniously construed? The question still remains controversial. The following issue is still questionable: Exclusiveness as a main feature of intellectual property has been held a monopoly for last several years. Intellectual property such as a patent has seemed to be in conflict with antitrust law which prevents or blocks up monopoly. In modern times, it becomes much important to harmonize intellectual property with competition policies, and to reasonably construct an unfair term of license contract. Under the circumstances where antitrust law must regulate misuse of license, its reinforcement of regulation might be pro-competition in a short period, but it would bring a negative effect to competition with less innovation on a long term basis. However, intellectual property law is not far from antitrust law. Rather, it is on the extension of competition policies from a broader viewpoint. Therefore, it is necessary to consider harmonization in the aspect of legislative policies.

Citation status

* References for papers published after 2023 are currently being built.