Anti-Trust Regulation On Patent Pool

IP protection is one of functional systems that stimulate technological development and economic improvement. On the other hand, more and more IP disputes show us a new issue that patentees may abuse legitimate monopoly to limit competition in both domestic and international markets. In China, there is no mature antitrust law which may effectively regulate patent pool monopoly. More and more cases may require the administrative and juridical authorities to consider both IP protection and public interests.The thesis will be take a good advantage of the foreign and domestic resources of patent pool abuse, including antitrust legislation and juridical practice related to limit patent pool abuse in United States, European, combined with the legal practice and academic research in China. Intensively lucubrate in the activities of patent pool abuse, and look for useful experiences which may assist China Government to create an antitrust legal system to limit patent pool abuse. Based on the materials prepared, compose this thesis.The thesis consists of five parts:Part one, the article introduces and argues about the connotation an category of patent pool, including variety, character, trend and so on.Besides, the article researches historically on patent pool mostly taking the U.S.A and analyze the value of patent pool.Part two, the article mostly introduces necessity of regulate patent pool monopoly from three aspects:the relationship between IP and anti-trust law, composing of patent pool and the fact of patent pool monopoly.Part three researches the practice and progress of antimonopoly in the realm of intellectual property in U.S.A.,E.U.,and made an analysis and appraisal on the sameness and difference by comparison.Part four,under guidance of canonical framework, the article analyses patent pool misuse including collusive restriction of competition and abuse of dominant market position and provides practical means for above.Part five, the article researches on impact of international patent pool to China and legal countermeasure by anti-trust law and relative approaches.