EU 경쟁법에 의한 특허권자의 특허풀 및 특허플랫폼에 대한 규제

Patent pool and Platform, in which patent owners in some manner have combined their patents, could be used as a useful tool to defense their interest and increase efficiency in licensing multiple patent technologies. The patent pools, however, might have one common characteristic of illegal cartel because two or more patent owners mutually agree to same license condition and royalty, and moreover to prohibit their members' individual license with the third party out of the pool. Multiple scholars have generally insisted that especially the pools composed of pure substitute patents competing with each other are sure to infringe competition in the technology market. Nevertheless, due to patent characteristics, some restraints are reasonably necessary to maintain the collaboration among patents. EU commission's TTBER guideline will help to eliminate the ambiguous legal status of patent pool. Moreover, EU commission has developed the ancillary restraint theory allowing the hardcore restraints on the condition of its reasonable necessity for efficient patent pools. Under the several EU antitrust agency the patent pool among even competitors or substitutes may contribute to increasing social welfare if their behavior can lead to lower price of the final product or service.