기대치-경쟁 모형을 통한 특허제도 公正 고찰

The patent systems of every country are based on the rational allocation of profits to the monopolistic of the patentee and social interests, and aims for timely and balanced distribution of profits between the protection of inventions and the utilization of inventions. But in recent decades, with the trend of globalization, the world trade has been unified and the patent system has been standardized as a pro-patent policy. Amid this rapidly changing trend, some countries are making enormous sacrifices, not realizing or ignoring the seriousness of the bias of intellectual property profits generated during international trade. On the issue of biased profit sharing of intellectual property, which has not been studied so far, this article sought to explore the prior study of the fundamental philosophy of the patent system and the economic patent model of the patent system and seek alternative. Specifically, as the background philosophy of the modern intellectual property system, we looked at the concepts of natural rights and utilitarian ideas and the limitations that appear in applying them as moral rules. In addition, the limitations of the economic model, such as reward theory, prospect theory and cumulative innovation theory established in terms of the economic utility of the current patent system, were analyzed, and a new expectation-competition model was established, including the public and the prior art, as a complement to this. It also intended to establish patent justice rules to support the legitimacy and rationality of the patent system by introducing Aristotle's virtue justice along with utilitarian justice in the model simulation. Meanwhile, patent globalization has generated external factors in patent system in terms of patent royalties and social costs. Thus, developing countries will have to consider various policy systems to compensate for the ‘excess’ state caused by such patent globalization.