The Abuse Of Patent Right In Technology Standard And The Restriction By Antitrust Law To It

Intellectual property right system is from developed countries,international corporations have already been familiar with the battle of patent,they gave up the traditional mode of earning money,made use of the existing law system,and have been following the route "make technique patent—make patent standardization—make standard monopolization " in order to occupy more market and make more profit.In the process of making patent standardization and putting standard in practice,the abuse of patent right appears.After the combine of the technology standard and patent right,the infection of abuse of patent right is much stronger than the traditional mode of abuse of patent right made,so it is needed and even urgent to restrict these abuse.This article elicit the research topic by a case.the first chapter is the summary of the abuse of patent in technology standard.In this chapter,I introduce the technology standard and the phenomena of the combination of the standard and patent right,then summarize all the represent of the abuse of patent in technology standard,and then introduce the patent policy of the important international standard organizations, discuss their attitude to some behavior,and prove the irregularity of these behavior more;at last,I discuss the harm of the abuse.In the second chapter,I analyze the way to restrict the abuse in theory.I discuss the possible means to restrict the abuse,point the shortcoming of the means of Civil Law,Contract Law and Patent Law,and construe the need and feasibility of the means of antitrust law.In the third chapter,I introduce and analyze the related law and cases to restrict the abuse by Antitrust Law in USA,EU,Japan,and our TaiWan.This chapter is corresponding to the represent introduced in chapter one.I analyze the restrict in sort. Chapter four is focus on the analysis of the mean to restrict the abuse by our ,I point out the shortcoming.Moreover,I give my suggestion to the Antitrust Law on the basis of using other countries' related legislation and cases for reference.