| 英文摘要 |
This article explores the issues of market definition and market power in the cases related to the licensing of intellectual property, and, based upon the pertinent cases in Taiwan, analyzes antitrust enforcement and challenges concerning the two sub-topics: (1) the relationship between the market position of any standard essential patent owner and essential facilities doctrine, and (2) copyright licensing, product differentiation, and market power. In the event that the standard in dispute is an indispensable de facto industry standard, any holder of such standard essential patents will be considered having a dominant position. In addition, in copyright licensing cases, Taiwan Fair Trade Commission should neither unduly rely on the ossified market definition, nor jump to the conclusion that the licensor must have market power in light of product differentiation and any licensee’s dependence. |
