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在韩国,专利权不当行使行为起初仅受专利法的规制。1980年《韩国规制垄断与公平交易法》将专利权不当行使行为纳入反垄断法规制的框架。在实践中,韩国竞争主管当局寻求用竞争政策来规制专利权不当行使行为,并逐步形成了认定专利权不当行使行为的标准与审查原则,专利权不当行使行为也在反垄断政策上以类型化的方式表现出来。在专利权不当行使行为的反垄断法规制上,韩国与中国存在诸多相似之处,韩国的立法与实践经验可以为中国正在进行的反垄断配套立法提供有益的启示。
In South Korea, the improper exercise of patent rights was initially regulated only by the law of patents. In 1980, the Korea Monopoly and Fair Trading Act incorporated the improper exercise of patent rights into the framework of the antitrust laws and regulations. In practice, the competition authorities in South Korea sought to regulate the improper exercise of patent rights by competition policy, and gradually formed the standard and principle of reviewing the improper exercise of patent rights. The improper exercise of patent rights was also modeled on antitrust policies Way of showing it. There are many similarities between South Korea and China in the regulation of antitrust laws that the patent right is improperly exercised. The legislative and practical experience of South Korea can provide useful enlightenment for the ongoing antitrust support legislation in China.