The Taiwanese ‘Philips’ CD-R cases: Abuses of a monopolistic position, cartel and compulsory patent licensing

• Main Author: LIU, Kung-chung
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2010
• Subjects: Asian Studies; Intellectual Property Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/3130; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=cdi_scopus_primary_403196915&context=PC&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Primo%20Central&tab=Everything&query=any,contains,Landmark%20intellectual%20property%20cases%20and%20their%20legacy&offset=0
• Institution: Singapore Management University

A Compact Disc (CD) is an optical disc used to store digital data, originally developed for storing digital audio. The CD, available on the market since October 1982, was jointly developed by Philips (Dutch) and Sony (Japanese). The technology was later adapted and expanded following the standards set by Philips and Sony in a series of Red Book, Yellow Book and Orange Book to include data storage CD-ROM (Read Only Memory), write-once audio and data storage CD-R (Recordable), rewritable media CD-RW, Video Compact Discs (VCD), Super Video Compact Discs (SVCD), PhotoCD, PictureCD, CD-i, and Enhanced CD.The dye materials developed by Taiyo Yuden (Japanese) made it possible for CD-R discs to be compatible with Audio CD and CD-ROM discs.Philips, Sony and Taiyo Yuden have pooled their patents together and started to jointly license the pooled patents through a Joint Licensing Agreement (JLA), in 1992 with one royalty formula: 3% of the net sales price and not lower than ¥ 10.