On Chinese Legislation About Restriction Of Abuse Of Patent Rights

Recently there have been more and more conflicts about intellectual property in international trade, among which the problem of abuse of patent rights is the severest. Research on the recent dispute of Chinese DVD producers and foreign technological union 3C and 6C in 2004 and Microsoft Windows discrimination pricing policy, we can conclude that it is obvious that the multinational company abuse its patent rights, such as misusing its market dominance and restricting competition, which do great harm to Chinese correlative industries and consumers. Compare with foreign countries we can see that although there are many differences among foreign legislations, they still have one thing in common, both protecting and restricting patent rights are important. While our legislation, patent law, anti-unfair competition law and contract law show great respect to protecting patent rights and neglect restricting abuse of patent rights, as a result, effective protection of Chinese correlative industries and consumers is not available. The legislation gap and the situation we faced are the main objects of this thesis.Comparison, induction and case study are important research techniques in this thesis. This thesis compares the legislation between Chinese and abroad and inducts their differences, combines with Chinese legislation and the cases in judicial practice, inducts suggestions to perfect the current legislation.This thesis is composed of four parts. The first part studies the basal theory of abuse of patent rights, analyses the generation and development of abuse of patent rights from the point of patent, summaries the primary kinds of abuse of patent rights and their harm. The second part introduces the legislation of foreign countries and some important international unions. The third part makes comparison between Chinese and foreign legislation, think over the deficiency of Chinese current legislation. The forth part advances some suggestions, such as adjust the value, enact Chinese anti-monopoly law and perfect patent law.