기술표준과 특허풀의 상호연계의 필요성과 유의사항

Necessity and Matters to Be Attended in Interconnecting Technical Standards and Patent Pools

When we try to set standards involving essential patents, we should be aware of the possibilities of the patent holders' strategic behaviors like hold-up, because all of them are in the status of hold-outs. The more these righters of essential patents, the more difficult to acquire licenses from all of them. Therefore, in setting a standard it is needed to search and find all essential patents, and to establish a pool comprising all of such essential patents, which could allow a user to contract with the licensing administrator (LA) to get a blanket licensing. This paper examines the relationship between patent pools and standards, explores the necessities and advantages of, and derives matters to be attended in forming patent pools in setting standards.