Anti-monopoly Regulation On Patent Pool Including Technical Standards

Recently, along with the pace of incorporation of global economy, patent pools and technical standards has become a hot issue. Standard becomes more and more important in the process of international business of industrialization. Who have a standard will have a market." make technique patent—make patent standardization—make standard monopolization" has become a global licensing strategy for enterprise. The combination of patent and standard is a new trend in the domain of standard. The article tries to analyze the monopoly problems of patent pools in the view of the both of patent pools and technical standards.This article elicits the research topic by a case. The article consists of four chapters. Chapter one introduces the basic theory of patent pools and technical standards, including the connotation and category. And make a further analysis of the cause and consequences of the combination of the two. Chapter one will make good bedding for the following discussion.The second chapter describes the role of patent pools for competition. Patent pool is a double-edged sword. It can not only promote competition, but also hinder competition. Especially when the patent pool contains technical standards, patent pool will increase the anti-competitive effects of patent pools by "technical standard bus ".And it will damage the public interest. In the third chapter, when the patent pools hinder competition to a significant extent, it will limit the competition, which easily led to monopoly. This article has concluded several monopoly behaviors probably occurred after the combination of patent pools and technical standard, for example the category of the abuse of dominant market position, the longitudinal or horizontal joint restrictions of competence, and etc.In the four chapters, it concentrates on anti-monopoly regulation of the combination of patent pool and technical standards. Section one elaborates on the reasons why It is necessary to regulate it. Section two analyses deficiencies of Chinese Anti-monopoly regulation in these area, and paves the way for the following discussion. In the last section, the writer puts forward suggestions for China's such legislation in patent pools and technical standards.