Antitrust Law Regulations On Patent Cross Licensing

With the continual development of mobile Internet,Internet of things,large data and other technologies,intellectual property right is becoming more and more important in national economic development and competition among enterprises.The patent cross-licensing is derived from the patent licensing act and is a dynamic commercial operation mode in which the patent is used as a market competition tool and the concepts of “crossover” and “permit” are combined.At present,China's system design for cross-licensing of patents lags behind.The current theory lacks a discussion on the feasibility of cross-licensing of patents.Research on the patent cross-licensing examination system,legal responsibilities,law enforcement agencies,etc.is almost empty.Therefore,on the basis of sorting out relevant legislation in our country,we can reasonably learn from the antitrust regulatory model for cross-licensing of patents from foreign countries or regions.This will purify China's patent market,promote the healthy development of the information technology industry,and adapt to China's innovation-driven development strategy and intellectual property rights.The development process of the strategy has important theoretical and practical significance.The paper is divided into five parts to discuss.The first chapter is the introduction.It mainly analyzes and summarizes the domestic and foreign related documents,and provides the basis for the following discussion of the general theory of patent cross-licensing.The second chapter analyzes the general theory of the anti-monopoly regulation of patent cross-licensing,including its concept,formation mechanism,and source of rights,and summarizes the specific content of patent cross-licensing under the anti-monopoly regulations.The third chapter summarizes the advanced models that can be used for reference in the United States,EU,Japan,and Taiwan.The fourth chapter mainly examines China's legislative experience in the anti-monopoly regulation of patent cross-licensing.Through sorting out the relevant legislation in our country,we propose the omissions and shortcomings in the current system,review standards andresponsibility setting.Chapter 5 based on China's actual national conditions,based on the advanced experience from the outside world,put forward relevant suggestions for improving the anti-monopoly system for patent cross-licensing in China,and called for the issuance of the “Anti-monopoly Anti-Monopoly Guidelines for Intellectual Property”as soon as possible to accelerate the development of cross-licensing patents.Monopolistic entity rules and detailed responsibility elements are designed to promote the healthy development of China's patent market.