Research On Patent Abuse And Anti-Monopoly Law Regulations

In essence, patent rights is of lawful monopoly and is a legal monopoly power. In general, It exists as the exemption from the application of antimonopoly law. But the owner of Patent Possibly abuse patent rights to limit the competition illegally on some occasion which violates against anti-monopoly law. Especially on the new situation of intellectual economic, the more important the patent rights becomes in economics and lives, the more outstanding the abuse of patent rights becomes. Therefore, it is of historic significance to control the abuse of patent rights by antimonopoly 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 appear in newspapers between intellectual property disputes, such as the famous case of Wenzhou lighter, DVD patent fee cases , Cisco v. Huawei cases, etc. In view of this situation ,we must institute practical antimonopoly law in controlling abuse of patent rights according to Chinese Status quo and advanced experience in foreign. The law not only protect patent rights but also prevent the owner of patent from abusing the power to destroy free and fair competition in order to promote the development of technological innovation and economic competition coordinately in China.This paper in-depth analysis of the content of patent abuse, and its constituent elements; Detailed and in-depth analysis of patent abuse 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; Finally, offered a few proposals for our control system of patent abuse.