전자상거래 표준화 기구의 지적재산권 규칙의 효력에 관한 연구

Technical standards adopted by Standard-setting Organizations(SSOs), are a critical element of the modern economy to maintain interoperability between disparate systems and to provide forcibility between transaction parties. SSOs are industry groups that establish common standards in a variety of significant areas with the goal of openness. Given that SSOs involve innovative technological standards, it is important to explore the variety of ways in which those organizations treat intellectual property rights. This paper examines the policy or bylaw of SSOs that provide technical specification or standards related to electronic commerce. SSOs generally require their members to disclose any known IP rights or patent application and to license the rights with some conditions such as royalty-free(RF) term or reasonable and non-discriminatory(RAND) term. However, there is no punishment when a member breaches the policy or bylaw or detailed license conditions. Therefore, this paper presents the validity of the policy or bylaw under：contract law, intellectual property law, and antitrust law, to govern members who breach their obligations. In other words, to join a SSO, members must contract with the SSO to follow the SSO's rule. If a member induces misleading conduct, the member's right is denied under equitable estoppel doctrine. Patent misuse doctrine might apply when a member misrepresents his rights. In addition, if a member's conduct causes anticompetitive effects in a market, he may have an antitrust law liability. Finally, this paper proposes some solutions to strengthen SSOs' IPR policy or bylaw because even though the policy or bylaw is enforceable under some legal principles, there is some limitation to apply the principles.