e비즈니스와 경쟁정책

BMP and Public Policy

Korean Intellectual Property Office (KIPO) needs to consider the copyright attributes of goodwill BM developers because a number of Business Methods (BMs) in KIPO evaluation process to obtain official patent are those which embody similar level of information tech-knowledge into similar idea. It is desirable for KIPO to exercise multiple patent scheme on similar BMs unless one concerned party submits a solid evidence on illegal copying of the other. KIPO should leave the competing BMs m market test of the fittest survival. Such patent policy may contribute to the minimization of unnecessary social cost due to the frequent civilian infringement suits associated with BM patent in the near future. It is expected that competition issues in relation to BM patent exercise are four; 1) BM patent holders unduly refusal of patent licensing, 2) BM patent holders demand of unfair stipulation when he licenses BM patent, 3) cross licensing of BM patents, 4) buying of BM intellectual property. Korea Fair Trade Commission (KITC) needs to be cautious in applying Intellectual Property Guideline against such competition issues. KITC should fairly weigh positive effects against negative effects before final judgment of regulation because these competition Issues generally contain both effects.