The Anti-trust Restriction For Patent Pool

In the economical-globalization time, the economic competition gradually evolves form the capital competition to the patent technology and the technical standard competition. Some professional-giants united by throwing over the technical standard coat, nimbly make use of the patent pool organization and gain the huge economic through holding the invention, holding, permission and the transfer behavior, then realize them to control the entire business. China in the economical contact with the world in particular Europe-America, Japan, Germany and so on of the legal standard perfect-developed country , in the domain of the intellectual property rights, the technical standard and the international rules utilization, is "passively attacked" and "in the primary study-stage", therefore is very difficult to play the effective role for protection of the nationality-industry. Looked from the reality , many patent pool abuse the intellectual property rights , frequently through compulsory wholesale permitted, attaching the unreasonable condition in the permission contract, using the market control-status ,unreasonably permitted spends and so on to seek the monopoly, hinder the technology innovation and the technology advancement, therefore harm the consumer benefit.Generally speaking, the antitrust law that regulate the monopoly in the intellectual property rights domain is not certainly contradict to the protection-system of the intellectual property. But when the intellectual property rights become the tool for monopoly, when limit competition, and when harm the consumer's benefit, then IPRS transform to The IPRS-monopoly and it would not receive the protection, but should receive the antitrust-law's regulation. At present, our situation is that: On the one hand the domestic-enterprise is restricted by the foreign antitrust law and the technical barrier in international market; on the other hand, is unable to regulate the foreign country enterprise and their monopoly behavior in China.This article elaborated and summarized the background and the develop-characteristic of patent pool; discussed the phenomenon, behavior, significance, reason and essence of the patent pool; Summarized the development, characteristic and the rule of the developed country about the patent pool's regulation ,and then gave the stage-localization, the characteristic-narration and the rule-summary for China; analyzed the legislation, the legal-reality between the developed country and China, and then gave corresponding constructive opinion.