高科技產業智財訴訟管理策略之研究- 以P科技公司為例

Abstract

我國產業界的技術發展，較著重於量產與製造管理層次的技術，對基礎與核心技術的掌握多遜於國際大廠。近十餘年來國際大廠輒以專利技術優勢與訴訟程序，或要脅台廠退出市場、或需索鉅額權利金，而台廠面對壓力沈重之專利訴訟，多因經驗不足或欠缺整體策略規劃，致生捉襟見肘或進退失據之結果。本研究即透過多方蒐集與綜合文獻報導的專利或智財訴訟案例，連結筆者個人實務經驗與專家訪談法，從競爭策略的角度，以關鍵技術與核心產品兩項要素，歸納出專利訴訟涵蓋「斬草除根」、「創造營收」、「且戰且走」與「其他」等四大類型，並依據這四大類型訴訟，提出策略規劃建議，並從人事時地物五個管理層次所涉議題，分別提出訴訟管理技術之建議。

The technological developments of Taiwanese industries have been more focused upon technologies related to mass production and manufacturing management, and their controls of fundamental or core technologies are generally less than those of multinational corporations. These multinationals often maneuvered over their strengths and advantages in patented technologies and legal procedure against Taiwanese producers, asking retreat from the market or payment of substantial amount of royalty. Under the heavy pressure of these high-profile lawsuits, many Taiwanese defendants were not able to attain desirable results due to lack of experiences or overall strategies responsive to the legal proceedings. This research collected and compiled numerous, publicly accessible cases related to patent or IPR lawsuits, in order to build up the theory of categorizing different types of patent or IPR lawsuits. Through such compilation, and in combination with the author's own experiences as well as the opinions obtained from experts interviewed, it is observed that the categorization could be made by the two critical dimensions, i.e., key technology and core products, whereby four major types of patent or IPR lawsuits are deduced, i.e., "terminator", "profiteer", "staggerer" and "other". By these categories, this research outlined the strategic proposals, discussed from the "5-W" approach (i.e., who, how, when, where and what), and summarized the managerial issues involved in management of patent or IPR lawsuits.