| Summary: | 碩士 === 國立交通大學 === 科技法律研究所 === 103 === Bestowed by the highly development of high-tech industry and globalization, the information and communication industry tend to develop standard and compatible products. In addition to the benefit of customer, compatible product could also increase the demand of markets through the Network Effect. To achieve the worldwide development of information and communication products, standardization is unavoidable trend. Standardization is generally achieved by setting the standard through the Standard Setting Organization, SSO, and industry participators could later develop the compatible product according to the standard. These standards inevitably may include some specific patent rights, these patent rights which are essential and necessary while implementing the standards, are called Standard Essential Patents. After the standard is set, since the implementer could not design around or use other alternative technologies, the effect of Lock-in to the market will show up. Patent owner could use patent-hold technique, such as infringement litigation, injunction, to delay competitor’s pace or demand great amount royalty. Since the competitor and market participators have invested huge costs on the standard, they could only pay the huge royalty or to be delayed or even give up the market which is harmful to the development and implementation of the standard. As a result, SSO have developed many policies and mechanisms to avoid the patent hold-up issue which includes RAND commitment and others, antitrust authorities also provide their perspective toward SSO. Furthermore, after 2012 Federal Courts have made several important holding in case involving the standard patent and RAND royalty calculation, which provide viewpoint of the law practice regarding to standard essential patent.
The findings of this survey indicate that the RAND commitment is not inevitably decrease the patent value, in fact through the participation of standard setting and fine declare tact, patent owners could achieve patent assertion through standardization activity to preserve or retrieve royalty compensation.
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