| Summary: | 碩士 === 銘傳大學 === 法律學系碩士班 === 100 === The birth of the patent platform was stemmed from the need to broaden the scope of license and make it proceed more smoothly. The cost of transaction and royalty could be reduced by package license, and then the market could be opened up to bring network effects. Patent platform can avoid standard hold-up in the process of Standardization, which is called the engine of industry. Therefore, the structure of a patent platform and the way it do licensing by packaging can effectively control the royalties and make it easier to license products.
However, a CD-R licensing case in Taiwan has challenged the foregoing idea. The amount of the royalty required by the patent platform became the fuse of entire event. Up to now there is no conclusion about what is a reasonable royalty. By the way, under the tendency of advocating of market liberalization, should the government intervene in the decision of royalty by patent platform? And how much the government could intervene? If the decision of royalty was over-involved by the government, the incentive of research and development of market would be reduced. On the other hand, cooperation of such commercial model of patent platform and standardization has become the mainstream in the market. Once a licensee gets into the production, due to the effect of package license and standardization, he will be prone to dependence. Then even if there are alternative standards or technologies, it is difficult for the licensee to choose a new standard or technology to display original ones in their operations. High royalties may force manufacturers to quit the market. Shouldn’t the Fair Trade Commission step in to administer closely the decision of royalty by patent platform?
A part of this thesis will discuss the inner workings of patent pools by exploring self-regulatory mechanisms for royalties. Then, it will analyze the impact of market mechanism on patent pool royalties. The purpose for this analysis into the factors affecting the development of royalties in patent pools is to determine where there is still adjustment space. Finally, current nations for the specification of the patent pool royalty attitude will be studied in this thesis. This thesis will also analyze the CD-R license approach that led to high royalty and compare it with the approach in the resolution of the blu-ray merger case on March 30, 2011 by the Fair Trade Commission. The purpose is to see if it is possible for the legal system to limit the range of reasonable royalties for patent pools without reducing the R &D incentives in the market.
According to the studies in the literature on patent pools, certain ways that patent pools distribute income from royalties can produce pressure on the different members of the pool and then generate incentives for patent pools to charge high royalty. Under the market mechanism, license package is not product-oriented, the manufacturer of the final product still must obtain license to complex patent pools. Calculated on the basis of the patent pool royalty formula, the depreciation value can be adjusted with the change in the market. This particular problem can be solved through the announcement of the formula to the competent authority and the usage of the Government''s information integration capabilities to provide advice on correctly adjusting the value of the patent pool. In the future, competent authority has more focus points about how to identify patents pools charge high royalty. Through requiring announcements of the royalty formula to the Fair Trade Commission, the FTC can regulate patent pools more easily and therefore promote more reasonable royalty distribution and efficient patent pools.
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