On The Establishment Of Patent Pool In China’s Mobile Phone Industry

In recent years, multinational corporations barriers to new types of intellectualproperty: patent pool, the Chinese mobile phone industry formed the industry trend toform pressing harder and harder. Due to the characteristics of the mobile phone industryrequires huge reserves of science and technology and innovation ability, our singlephone company is exposed to foreign science and technology play giant, oftenpowerless. Facts have proved that through the patent cross-licensing, patent pool of themobile phone industry is conducive to the integration of complementary technology fordifferent mobile phone companies, is conducive to domestic mobile phone precedingenterprises breakthrough multinational intellectual property barriers, and create a newpattern, so, how to understand the mobile phone industrythe connotation of the patentpool steady and healthy development of China’s mobile phone industry is essential dueto the characteristics of the mobile phone industry requirements with tremendoustechnological reserves and the ability to innovate.The paper is divided into five parts: introduction part the elaborated topics of thebackground and significance of research ideas; Chapter II summarized the basic theoryof the patent pool, clarify the patent pool analysis, including features and historicaldescription of the legal definition of patent pools; The third chapter analyzes therelationship between the content and features of the mobile phone industry, as well asthe mobile phone industry and patent pools; In chapter4, the mobile phone industrypatent pool established basic issues, including the legal basis of the establishment ofChina’s mobile phone industry patent pool, the mobile phone industry patent pools legalrelations, the establishment of the legal system of the mobile phone industry patent pooladjustment and the mobile phone industry, the establishment of patent pools exist legalanalysis, while also running on the mobile phone industry patent pool formation ofspecific ways and the mobile phone industry patent pool mechanism has been studied;Chapter V is from the patent pool abuse angle, researching the legal risks of patent poolof the mobile phone industry and its prevention. This may indicate that the Chinesegovernment should pay attention to the positive role of the patent pool, and it shouldshould be conscious of the face of the inevitable emergence of the industrial patent pool.Unlike existing domestic research too much emphasis on patent pool monopoly hazards,this comprehensive (including the positive and negative aspects) and objective analysis of the impact of patent pools on innovation and market competition in China’s mobilephone industry on the basis of China’s mobile phone manufacturers should be a positiveview of the positive role of the patent pool is pro-competitive, and the agency wouldalso welcome and encourage high-tech industry patent pool appeared in our country.