@article{ART001127313},
author={백형기},
title={The harmony and Conflict of IPR Law and Anti-trust law},
journal={Informatization Policy},
issn={1598-3498},
year={2006},
volume={13},
number={4},
pages={37-51}
TY - JOUR
AU - 백형기
TI - The harmony and Conflict of IPR Law and Anti-trust law
JO - Informatization Policy
PY - 2006
VL - 13
IS - 4
PB - NIA
SP - 37
EP - 51
SN - 1598-3498
AB - 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.
KW - License;Intellectural Property;IPR;misappropriation of license;misuse
DO -
UR -
ER -
백형기. (2006). The harmony and Conflict of IPR Law and Anti-trust law. Informatization Policy, 13(4), 37-51.
백형기. 2006, "The harmony and Conflict of IPR Law and Anti-trust law", Informatization Policy, vol.13, no.4 pp.37-51.
백형기 "The harmony and Conflict of IPR Law and Anti-trust law" Informatization Policy 13.4 pp.37-51 (2006) : 37.
백형기. The harmony and Conflict of IPR Law and Anti-trust law. 2006; 13(4), 37-51.
백형기. "The harmony and Conflict of IPR Law and Anti-trust law" Informatization Policy 13, no.4 (2006) : 37-51.
백형기. The harmony and Conflict of IPR Law and Anti-trust law. Informatization Policy, 13(4), 37-51.
백형기. The harmony and Conflict of IPR Law and Anti-trust law. Informatization Policy. 2006; 13(4) 37-51.
백형기. The harmony and Conflict of IPR Law and Anti-trust law. 2006; 13(4), 37-51.
백형기. "The harmony and Conflict of IPR Law and Anti-trust law" Informatization Policy 13, no.4 (2006) : 37-51.