Abstract
From any point of view, the Philips CD-R case is a rare practical case in the field of competition law. In particular, with regard to where to draw the line between the patent pool licensing and competition law, this case can be taken as an example for an in-depth study in empirical research on the limitation on the patent right from competition law. Therefore, using the methodology of comparative law, this paper is devoted to the study of the differences and similarities of this case and the issue between Taiwan and the United States. This case involves three issues at the same time: the patent pool licensing, the standard setting, and the joint research and development. The influence of the standard setting gets a lot of attention and concern. However, the importance of the influence of the joint research and development and the disputes between competition law and the patent pool licensing hidden behind the joint research and development is not pointed out until Shiow-Ming Wu, who was once the chairman of the Fair Trade Commission, puts forward his viewpoint. A new and worthwhile direction to think is provided. According to the study result of this paper, in comparison with the judgments of the U.S. CAFC, the Wu’s point of view is supported by the 2009 judgment of the U.S. CAFC in a certain way, but in the 2010 judgment, CAFC dramatically changes its attitude. Through an observation and analysis of the trend of the judgments of this case by the U.S. CAFC and the development of the patent misuse doctrine, it is found that the judgment result still can not depart from the fact the United States is a leading country in technology and it is the policy to take a friendly attitude toward the joint research and development and patent licensing in the long run. And this manifested difference between countries in the orientation of harmonizing competition law and the patent right should also remind our country of taking our nation’s development condition into consideration when making a decision on the orientation.