Research On Regulating Patent Abuse In Patent Pool By Antitrust Law

Patent pool is the inevitable product of the knowledge-based economy, on the one hand, it can save transaction costs and promote the development of scicence and technology;On the other hand, in some cases patent pool can produce negative effects such as restricting competition and hindering innovation.However,the existing laws does not clearly regulate patent pool license.At present, the developed countries damaged seriously the interests of Chinese enterprises and consumers by taking advantage of patent abuse in patent pool license.The purpose of this thesis is how to adopt antitrust law regulating patent abuse in patent poolFor the purpose, this thesis use theoretical analysis,empirical analysis and comparative analysis of the study method.By these methods ,the thesis introduces the performance of patent abuse in patent pool and its harmful effects,From the theory and practice of two aspects explains the necessity of adopting antitrust law to regulate patent abuse in patent pool,and provides suggestions of adopting antitrust law to regulate patent abuse in patent pool from other countries and regions in the legislative and practical experience. The whole thesis is composed of three parts:introduction,body and conclusion.For the body part,there are four main points.Chapter 1 introduces the concept,history,value of patent pool and the relations of patent pool and standard ,cites the performance of patent abuse in patent poolChapter 2 specifically explains the necessity of adopting antitrust law to regulate patent abuse in patent pool.Firstly, this chapter discusses the disadvantage of the existing laws regulating patent abuse in patent pool and the advantage of antitrust law regulating patent abuse in patent pool in thoery;Secondly, taking the "DVD charges" as an example. explains the grim situation of technical deficiencies and the lack of antitrust law in China from the empirical perspective,points out the necessity of adopting antitrust law to regulate patent abuse in patent pool.Chapter 3 presents the international treaties, laws and the relevant judicial experience from the United States, EU, Japan and Taiwan in China about regulating patent abuse in patent pool. Draws experience from them about adopting antitrust law to regulate patent abuse in patent pool in China from a comparative analysisChapter 4 analyzes the shortcomings of the relevant existing laws regulating patent abuse in patent pool and provides suggestions: drawing the general principles in antitrust law to regulate intellectual property abuse and the specific details in antitrust guide-lines for the licensing of patent pool to regulate patent abuse in patent pool in antitrust guide-lines for the licensing of patent pool.