표준특허를 둘러싼 법적 분쟁과 유럽과 미국의 판단 비교

A Recent Development on Standard Essential Patent in EU and the US

There are decisions from CJEU and the US that provide the guidance on SEP licensing, which CJEU provide a specific framework with regard to the patent owner of SEP and the putative licensee who would like to reach a license agreement without breach of EU competitive law before any judicial measure and the US courts give an guidance to calculate the FRAND royalty based on amended Georgia-Pacific factors. While each decisions are derived from different judicial view, there are similarities and differences we should review carefully. And there are remaining issues to resolve in order to clarify the SEP licensing such as if FRAND declaration to the Standard Setting Organization(SSO) could be a operative agreement for the 3rd party beneficiary, how we can decide that the parties are willing to enter the license agreement, what is the good-faith obligation caused by the FRAND declaration and if the restraining the right of injunction by the patent owner based on the SEP for the 3rd party who have not contributed to the Standard in issue could be fair and reasonable.