미국 반트러스트법상 특허권 및 노하우의 끼워팔기

Title
미국 반트러스트법상 특허권 및 노하우의 끼워팔기
Other Titles
Patent and know-how tying arrangement in U.S. antitrust law
Author(s)
심재한
Keywords
끼워팔기; 지적재산권; 특허권; 노하우; 반트러스트법; 합리의 원칙; 셔먼법; 클레이튼법; tying restriction; intellectual property; patent; know-how; antitrust law; rule of reason; Sherman Act; Clayton Act
Issue Date
201002
Publisher
경북대학교 IT와 법연구소
Citation
IT와 법연구, no.4, pp.89 - 116
Abstract
A tying arrangement is defined as an agreement by one party to sell a tying item but only on the condition that the purchaser also purchase a tied item from seller. Frequently intellectual property owners are also interested in tying arrangement by license their technologies. Tying agreements in patent and know-how area can be challenged under the standard of the Sherman Act "rule of reason." However tying restrictions have been challenged using a simplified analysis developed by the Supreme Court under §3 of the Clayton Act and §1 of the Sherman Act. This analysis requires proof of four basic elements. First,it must be established that the tied item entails a product or service separate from that of the tying item. Second, it must be proven that an actual tie exists. Third, it must be shown that the party imposing the tie has sufficient economic power in the market for the tying item to appreciably restrain competition in the market for the tied item. Finally,it must be established that a not insubstantial amount of commerce in the tied item has been affected by the tie.
URI
http://hdl.handle.net/YU.REPOSITORY/22826
ISSN
1975-8766
Appears in Collections:
법학전문대학원 > 법학전문대학원 > Articles
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