The Relative Study On Antitrust Structure Of What The Patent Right Is Exercised

Patent is an important system for accelerating the development of technology and the glory of the economy. But, because of the monopoly of the patent, the dispute between the patent and monopoly hasn't stopped. With the coming of information economic period, patent becomes more and more important. It becomes a new tactics for company to monopolize the market using patent and standard. This problem has been paid attention to by many counties and districts, especially those developed countries which legislated antitrust law to restrict patent abuse. However, in China, under the pressure of the pressure in line with international standards, patent right system is put undue emphasis on right protection, ignore the mistaken idea that the right restrain from to fall into, utilize patent right monopolize of our country behavior of market as to trans-corporation , at a loss what to do law have, especially not issued even after stalling for a long time as the antimonopoly law of " Magna Charter of free enterprise ", under such legal environment, the antitrust structure exercised to the patent right seems particularly important.With the methods of economic analysis and comparison, this paper made a deep research on patent, the behavior of using the patent, the relation between patent behavior and antitrust law. On the basis of it, we introduced the practice of antitrust in the realm of patent in the United Stations, European Union, Japan and Taiwan districts of our country, and made a deep discussion and comparison on the act of the patent and abuse of the patent respectively. At last, the paper advised to build the regulation system of antitrust in the realm of patent in our country immediately, and put forward the preliminary design of that system.Expect of the introduction and conclusion, this text includes four parts altogether:The first part made a preliminary discussion on the relation between patent legitimate behavior and antitrust law, and came to a conclusion that patent is a legalright which should be protected by the law, and it wouldn't bring the bad consequence of limiting the competition, so it shouldn't become the target of antitrust law. Only the patent behavior may limit the market competition. But the patent behavior has two kinds: legitimate behavior and patent abuse. The former is legal, and the latter should be restricted by antitrust law.The second part compared antitrust system of America, European Union, Japan and Taiwan districts of our country. The comparison is from three respects: the type of immunity, the target of immunity and the procedure of immunity. We pointed out that the target of antitrust law is the legitimate behavior and our country should learn more from European Union and Japan about immunity procedure.The third part compared antitrust system about abuse of patent. It mainly compared the relevant system of the United Stations, European Union, Japan and Taiwan districts of our country from the object of regulation, mode of regulation and concrete practice of those countries and districts. After madding an analysis and appraisal on the sameness and difference by comparison, the paper arrived an conclusion that a legal mode should be constructed which can regulate the abuse of patent better.The fourth part pointed out the harm of abuse of patent and the urgency of antitrust in the realm of patent after analyzing the social reality and legal reality, and then, a preliminary design of the antitrust system about the abuse of patent was put forward on the basis of learning the experience of other countries and analyzing the reality of our country.