Patent Pledges
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Patent Pledges

Global Perspectives on Patent Law’s Private Ordering Frontier

Edited by Jorge L. Contreras and Meredith Jacob

Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
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Chapter 12: Patent pledges: Korean perspectives

Sang-Seung Yi and Yoonhee Kim

Abstract

The IT sector is one of the key industries driving South Korea’s economic growth and global integration. As product interoperability is critical to developing and manufacturing IT products that meet consumer needs, the FRAND commitment—a form of patent pledge designed to promote interoperability through standardized technology—is under the spotlight in Korea. Not surprisingly, Korean authorities have shown significant interest in interpreting and enforcing this patent pledge.

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