Study On Antitrust Law Regulation Of Patent Pool

With the rapid development of high technology globally, patent licensing throughout the world has already gone up swiftly beyond one nation's territory. The appearance of patent pool has lowered the price of the transaction of patents and eliminated the limit on the application of patent. However, patent pool also brings the negative impacts such as limit on the competition and obstacle to the innovation. Especially in recent years patent pool in the hi-tech area of computer software developing, manufacturing of the equipment for telecommunication and Internet abuses the market-dominating position and limits the normal competition on market, which becomes the object of the regulation of antitrust law.Experts in China have deepened the knowledge about patent pool with its quick growth all over the world. And the same time they have analyzed the concept, the causes, and the different types of patent pool in detail, which provides China's enterprises with the better weapons to fight against the abuse of patent pool so as to become more active when combating. China's enterprises start to protect their own rights and interests by turning to the antitrust law or to bring an accusation against the abuse of patent pool or to unite together so as to be more innovative in order to set up their own patent pool to compete with foreign patent pool.In fact, patent pool is the collection of patents, and the owners of patents actively cooperate with each other with the purpose of maintaining technical advantage or acquiring monopolized profits. During the process of judging weather patent abuses the intellectual property rights, two principles—rule of reason and per se rule always tend to be applied in making decisions by antitrust agencies in different country.Patent pool appeared in the United States firstly so in this paper there is a brief review of its early development in the U.S. and there are different attitudes towards patent pool in different time by the U.S. government at the same time. A brief introduction to the regulations in European competition law is also included in this paper with the aim to be helpful to the perfection of relevant system in China through the comparison of theoretical source and advantages and disadvantages of the system about patent pool.