A Study On Legal Regulation Of Patent Right Abuse

Patent right is of lawful monopoly and is a legal monopoly power. In general, it exists as the exemption from the application of antimonopoly law, especially on the new situation of intellectual economic, the more important the patent right become in economics and lives, the more outstanding the abuse of patent right becomes. Therefore, it is of historic significance to control the abuse of patent right by law.The thesis consists of four parts:In the first part, the thesis makes a general analysis of patent right from its origin, concept, element and variety, also analyses the jurisprudence through intellectual property law; philosophy of law; economy law. The thesis points out that in order to keep balance of benefit; to avoid the abuse of power; to stimulate fair competition. We should control the abuse of patent right.In the second part, the author explores fundamental experience of law to control abuse of patent right and compares them. From that we obtain some inspiration and thinks concerning the foundation of law in controlling abuse of patent right in China.In the third part, the thesis simply expresses China's serious situation and current legal norm in controlling abuse of patent right. The author points out that there several insufficient in our current legal system in controlling abuse of patent right, and emphatically elaborates some elementary thoughts concerning china's future legislation.In the forth part, the author gives several devises in controlling abuse of patent right. First of all, we should process the relationship between protect patent right and stimulate competition. Secondly, the thesis gives several devises through substantive, procedures and ideology. Also in the base of the amendment of the patent law, and anti-monopoly law, Include: mix declare beforehand with declare after hand, setup the anti-monopoly law enforcement organs, enhance the construction in intellectual property cultural.In a word, we must institute practical antimonopoly law and patent law in controlling abuse of patent right according to Chinese status quo and advanced experience in foreign .The law not only protects patent right but also prevents the owner of patent from abusing the power to destroy free and fair competition in order to promote the innovation of technology and the competition in economic area respectively and harmoniously in China.