A Study Of Regulation On Monopoly In Patent Pool

With the wave of economic globalization and the emergence of regionalization and integration trends in the market, the global competition between enterprises is becoming increasingly intense. Intellectual property as an intangible asset, due to its statutory monopoly nature, has become the basis of and key to the establishment and development of enterprises and has even become the core competence of enterprises. In such a competition environment, confronted with rapid technical invention and ever shorter product market cycle along with the complicated interdependence of patent implementation and the considerate increase of patent implementation cost, enterprises have started to pay more attention to reflecting on how to realize the patent pool and reduce the development and research costs. In this circumstances patent pool is the best s olution.In the developed countries of Europe, America and other areas, patent pool has become a constituent of competition strategies for more and more enterprises. However, since the intellectual property exists outside the scope of application of the anti-monopoly law and ranks among the legal monopoly rights because of its monopolization, exclusiveness and other characteristics, the patent pool certainly does not violate the anti-monopoly law. The developed countries in the world have deeply understood that patent pool both promotes and limits the market competition. Therefore, each country has made explicit stipulations in its regulations of anti-monopoly nature directed against the practice of enterprises jointly changing the structure of market competition on their own and threatening free competition so as to protect fair and free market competition.This paper first sets forth the important role of patent pool in reducing the transaction cost, enhancing the complementation of patent, and decreasing dispute over intellectual property, and expounds the rationality and necessity of existence of patent pool; then it makes a detailed analysis of the reasons for the formation of legal regulation concerning the monopoly practice in the patent pool from the features, impact on market competition and specific practices of patent pool, and explains the specific representation of patent pool through defining and analyzing the manifestation of the monopoly practice in the patent pool; next it makes a detailed introduction to the specific content of the patent pool regulative laws of the USA, EU, Japan and Taiwan China, and compares the regulation practices of various countries that meriting our reference based on the analysis of the pros and cons of relevant law-making and the development process; finally it analyzes the necessity of China's regulation on the patent pool monopoly practice, and proposes specific opinions and suggestions to the law regulation of the next stage on the monopoly practices in the patent pool through enumeration of the patent pool regulation provisions in the existent legal systems of China and combined with the status quo of patent pool in China.