친 지식재산(Pro-Patent) 정책과 그 문제점에 관한 소고

A Study on Pro-patent policy and its problems

The purpose of patent system is to grant legitimate compensation to an inventor who has brought about technical innovation through patented invention, and to promote industry developments of the country. Therefore, it is so important to make legal and social circumstances in which technical improvements can be brought. In this regard, pro-patent policy which has been taking focusing developed countries should be kept on. However, we should pay attention to counter argument against pro-patent policy. In particular, owner of a patent right has to exert his right in the market, but there are many cases in which he misuses his patent right. The "Guideline on illegitimate use of intellectual property" describes many types in which patentee misuses his patent right using his superior status in the market. Besides, it is also necessary to review patent system in how to legally regulate patent troller which is never useful for technical improvements. In addition, we should consider following things by technology type. At first, it should be taken into consideration for the patented invention relating to IT area whose technology has a very short life cycle that the term of patent available shall not end before the expiration of a period of twenty years counted from the filing date, just the same to other technology areas. Secondly, a period for developing a new medicine needs 7 to 8 years on average and so its price is usually expensive. However, developing countries cannot be available for the patented medicine because of its expensive price. In this regard the compulsory licensing system should be reviewed for those who cannot purchase the patented medicine and even die. Under these circumstances some economists contend that the patent system be repealed. In particular, we should attentively listen to arguments of these economists in the pro-patent era.