Recently Patent Pooling have a fast growing interest as a good alternative means for decreasing transaction costs between IPRs owners and promoting technology commercialization and diffusion. Patent Pools had been formed at United States for the first time and these days whether Patent Pools violate Antitrust law or not is assessed by most competition authorities based on “Rule-of-Reason” because Patent Pools have pro-competitive effects and anti-competitive effects. There are differences between US and EU Antitrust Policy for patent Pools, European Commission induces patent pooling to be approved and adopts general principles for antitrust regulation. That is, patent pools that hold a strong position on the market should be open and non-discriminatory, and should not unduly foreclosure third party technologies or limit the creation of alternative pools. Moreover, European Commission has provided itself the concrete and systemic regulatory guidelines on the characteristics of the pooled technologies, the openness of pools, the operation and management of patent pools etc. EU competition authority clearly states that the licensing agreements by patent pools is treated identically with the general IP licensing agreements, and EC has significantly different opinions from US DOJ(Department of Justice) for Tying, Resales Price Maintenance(RPM), Grantback, Exclusive Territory, Exclusive licensing etc.

Korea FTC(Fair Trade Commission) has also provided itself a regulatory legal basis for patent pooling, but there are not a concrete and systemic regulatory guidelines on patent pools. In consideration to the fast diffusion of patent pooling and its importance or interests in the inside and outside of the country, Korea FTC should revise the existing guidelines or additionally enact a rational and concrete regulatory guidelines on patent pooling, including the characteristics of the pooled technologies, the openness of pools, the operation and management of patent pools, standard setting etc. In addition, Government should urgently consider countermeasures for reducing policy uncertainty and inducing the activation of a patent pooling.

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