Misuse Of Patent And Regulation In Law

Patent abuse refers to the franchise rights for all in the process of reality beyond the normal limits or scope allowed by the law, leading to the improper exercise of the rights and legitimate interests of others or damage public interests. It embodies the essence of the patent owner between personal interests and the public interests conflict, excessive emphasis on the interests of the patent owner, the neglect of social protection of the public interest. However, our current abuses of the patent did not pay sufficient attention。In recent years, many firms and foreign firms appear in newspapers between intellectual property disputes, such as the famous case of Wenzhou lighter, DVD patent fee cases, Cisco v. Huawei cases, etc. At present, China's enterprises as a result of independent intellectual property rights have little, and a few developed countries have used the vast majority of the world intellectual property, so in order to protect intellectual property rights in the name of any intellectual property commodities such as patent products with legitimate trademark products, as well as the right to copyright books, records, computer software, imposed import restrictions; possession or use of intellectual property advantages of unfair trade. In view of this situation, we should create our own franchise as soon as possible abuse control system, or as soon as possible to develop their own "anti-monopoly", or in the revision of the "Anti-Unfair Competition Law" course will act as a patent misuse of improper competition into its adjustment range, or designate a separate legal regulations for the conduct of such abuse franchise system.This paper in-depth analysis of the content of patent abuse, and its constituent elements of historical development; Detailed and in-depth analysis of patent abuse of the need for legislation system; Classification introduced various specific forms of patent abuse; Briefed on the conduct of our country's current legislative area of the existing norms, pointing out its inadequacies; then introduced other major developed countries in the related fields of advanced experiences, finally, our patent abuse of a control system made a few proposals.