NPE 특허 사나포선(Privateering)의 경쟁법적 문제와 중소기업 보호방안 - 반박 가능한 추정(rebuttable presumption)을 중심으로 -

Today, the studies on institutional measures to prevent restrictions on taking advantage of loopholes in legislation from causing disorder on a sound business activity are briskly discussed. As part of these kind of competition law study, this thesis aims to specifically examine the plans which able to regulate NPE’s “patent privateering”. Small businesses are often subject to patent privateering since they don’t have enough confrontation ability in comparison with major company. Especially, ‘patent privateering’ have highlighted as a new type of NPE’s action against infringement of patent. ‘Patent privateering’ is a aggressive business model among various forms of NPE. This thesis conduct a study on the applicable standards to restrict these action provided that they could be regulated in the aspect of competition law. Thus this thesis examine the connection with the competition law and the patent law by extend the concept of rebuttable presumption which mentioned in eBay decision, and suggest the institutional measures as an alternative to protect small business from the abuse of NPE’s patent right in the light of their lack of litigation capacity. And hopefully, this could contribute to the prepare of countermeasure, legal protection for overseas expansion and achievement of market competition of domestic small businesses with promising technology.