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http://dx.doi.org/10.14400/JDC.2020.18.5.009

A Study on the Policy Solutions to Prevent Abuse of Patents : Focusing on Patent Ambush  

Jeong, Myoung-Sun (Intellectual Property Education Center, Ari Liberal Arts College, Anyang University)
Publication Information
Journal of Digital Convergence / v.18, no.5, 2020 , pp. 9-16 More about this Journal
Abstract
Recently, a patent holder of a technology that has been selected as a standard has caused considerable difficulties in enacting and using a patent technology standard as a patent ambush act that abuses the right. Major countries in the world are preparing legal grounds to prevent patent ambush, but in Korea, legal binding is very limited. Therefore, in this study, various proposals were attempted to prepare problems and policy solutions related to patent ambush in standard patents. In particular, we investigated issues and cases related to domestic and foreign ambush patents, it is considered that it is necessary to prepare a legally available device, clear standards for abuse of FRAND patent rights, and a patent compensation system to prevent patent ambushing.
Keywords
Patent abuse; Patent ambush; standardization; FRAND; Standard patent;
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