표준필수특허제도의 비교분석 및 기술추격 정책에 대한 함의: 미-중 표준필수특허 소송을 중심으로

At the national level, technology catch-up is a process that narrows down the gap in technical capacity between the leader and the follower. In developing countries, the policies to support technology catch-up are centered upon development for catch-up strategies optimized to the local institution in compliance to the fundamentals of World Trade Organization. This study examines the efforts of a follower country to make a differentiation from a leader country in legal institutionalization in order to promote technology catch-up for the local firms in the follower country. Particularly for developing countries which desire technology diffusion, technical standards-related institutions are very important. We compare two lawsuit cases which were filed in the U.S. and China respectively by Microsoft (against Motorola) and Huawei (against IDC), and provide a comparative analysis that why two cases may look similar but are substantially different. Overall, this study presents a sharp contrast in the stances between the leader and the follower country over the standard-essential patents. China tends to behave pro-licensees in terms of the estimation criteria and method when estimating a licensing fee for a standard essential patent. Using that approach, Chinese government seems to try to mobilize an atmostphere which helps Chinese firms can pay lower licensing fees, thereby being able to attain fast growth. We also discuss the implications to the firms which may consider entries in the U.S. or China and to which standard-essential patents matter.