A Study On Patent Misuse Based On The Case Of Cisco VS. Huawei

The twenty-first century, the process of economic globalization, patents have become a matter of fact the layout of holding high-tech multinationals important weapon in the international market, they not only take full advantage of their legal monopoly of patent rights, but also to keep the illegal expansion of the law The patent does not confer additional rights to meet their limit competition, the exercise of monopoly power beyond the legitimate purpose. In this case, with its global expansion, multinational companies in the market competition is not uncommon in the abuse of patent rights. And while Chinese enterprises have become an important international component of economic development, but due to lack of experience in international competition, patent protection and patent litigation against relatively weak risk awareness, research on competitors is not enough other reasons, resulting in multinational companies in China the case of corporate abuse of patent rights also began frequent. Currently in China, more so stay on patent protection in a simple stage, whether government or the enterprises themselves have not yet fully understand the behavior of multinational corporations on patent misuse may bring serious consequences, even if the existing Chinese laws and regulations of the patent misuse is also still in its infancy, this situation is not conducive to the internationalization of Chinese enterprises, it is more a whole is not conducive to building an innovative new type of state of China's strategic goals. Therefore, whether the request from Chinese companies themselves, or from the national intellectual property strategy level, and patent misuse regulation requires further study, although the topic of domestic already have a lot of results, but on the whole patent rights abuse there is further discussion of the topic space."Cisco v. Huawei" As the case of "IT first case", since 2003, although after 8 years, but I believe that between the typical case of Chinese enterprises as well as alerts and inspired by the play role, it is still able to fully understand the current Chinese companies abuse of intellectual property rights, and to take practical and effective means of prevention has an important reference. This paper analyzes the theory through a case of patent abuse case in a systematic discussion.This article is divided into five parts:The first part took place in 2003 by reviewing the Texas case of Cisco, Huawei, this study leads to the topic: the abuse of patent rights. Involved in this case to extract the specific form of patent misuse. As a concrete manifestation of the abuse of patent rights in various forms, this will only to cases involving the abuse of manifestations of the patent research. The second part discusses some of the basic theory of patent misuse, on the back part of the study pave the way to do theory. First, the concept of the patent misuse, patent misuse theory in the academic formation of the different sources from two different angles, under its definition of the concept and by analyzing the formation of the two, will help to better the rest of this article discusses understanding. Second, it analyzes the significance of patent misuse regulation, respectively, from the theory of rights, patents set realistic objectives and three aspects of the meaning of patent misuse regulation. After the analysis of the patent law and antitrust and patent abuse of monopolistic behavior and abuse of two pairs of close contact with the franchise relationship, by analyzing the relationship between these two, seeks a clear understanding of patent abuse in the law of the position. Finally, the current world of patents related to the abuse of the legal system, clarify the legal regulation of patent abuse of the evolution of countries the attitude of patent abuse, regulation principles, methods, etc., on the development and status of patent misuse have more understanding.The third part focuses on the determination of patent abuse, respectively, from two aspects of patent law and antitrust law, discusses the determination of the principles of patent misuse and the constituent elements, and in this case whether the conduct constitutes Cisco and the specific form of patent misuse make a theoretical determination.The fourth section focuses on patent misuse the primary means of regulation, closely linked to this paper, the defense of patent misuse in two ways with the compulsory license, and the actual situation of the case to the face from the theoretical analysis of Cisco's Huawei to use the patent abuse means to be discussed.The fifth section discusses some thoughts on the case, combined with the actual situation in the United States, by studying the existing U.S. laws and relevant case law, analyze "Cisco v. Huawei" case, the defendant at the time the case of Huawei, Cisco if the counterclaim in the U.S. abuse of patents, its ability to support the possibility of the court. After the deal with Cisco's Huawei lawsuit by some of the gains and losses for the current Chinese enterprises face when the reality of multinational patent abuse problems and other countries in the prevention of patent abuse of specific laws, has made a number of targeted response suggested that in the real sense of hope to the Chinese companies against patent abuses of transnational corporations have some positive effect.