On The Abuse Of The Patent Pool And Legal Regulation

Today is the era of the knowledge economy.with the growing trend of the economic globalization, economic competition has been transferred from the capital competition to the patented technology and technical standards of the competition, some industry leaders through the formation of patent pools for high monopoly profits, the ultimate aim to control the entire industry. China and other developed countries in Europe and America in the international trade barriers continue to experience technical standards, the fuse from the 2002 DVD patent licensing fees event. Patent pools have simplified transaction costs, and promote the positive side of competition, there is also the right to abuse the negative side, and the abuse of the patent pool legal regulation is not perfect in our country. The "civil law" give the abuse of the patent pool too principle, the "Patent Law" makes no special provision.and the "anti-monopoly law" did not give a detailed description to the abuse of the patent pool. This paper drawing on U.S., EU and other developed national legislation and practice on the basis of experience, specifically discussed the issue of the patent pools abuse and put forward practical proposals to meet our country.I have extensive access to information based on the use of comparative analysis and case study research method patent abuse of the legal regulation of pool to start on. The thesis is divided into introduction, body, conclusion parts. The first chapter introduces some of the major topics of the background and significance, domestic and foreign outside research status of the literature review, essay writing basic ideas and methods.The second chapter main answer to the problem what is the abuse of the patent pool, from the patent pool concept, origin, characteristics and advantages and disadvantages of starting basic research, focusing describe on the abuse of the patent pools manifestations and putting forword the legal regulation of the theoretical basis for the abuse of the patent pool, which prohibits abuse of rights theory and the theory of balance of interests. The third chapter analysing the patent pools legislation and the status of the exsisting problems of our country. The chapter four putting forword improvement suggestions for the abuse of the patent pool. Conclusion part, put forward the depth study outlook on the basis of summing up the full text of the abuse of the patent pool.