Anti-Trust Regulation On Patent Pool

Along with the rise of modern concept of strategic management , the core competition is become more and more important . However, the core competitiveness of the enterprises depend on the development of the resources, especially those who are valuable, scarce, not imitation, irreplaceable resources. Proprietary technology because of its intangible assets is becoming a highly non imitation of resources.. However, as the market become international, the growing competition among enterprises is global, in such a competitive environment, enterprises relying on their own capital investment in R & D has been faced all sorts of difficulties. Technological invention greatly accelerate the speed of product life cycles, though it makes more and more enterprises establish strategic alliances to obtain complementary technology and reduce research and development costs.Although patent pools in resolving patent complementary, reduce transaction costs and prevent infringement disputes has a unique and important role, but because it is a "cooperative competition" way, it is also vulnerable against free and fair competition order, damage to public interests, which entered the adjustment of the anti-monopoly law. this paper is started with the concept of patent pools, described the need for a knowledge-based economy, and through the analysis of the consistency and conflict between patent pools and anti-monopoly law, the paper explained the the necessary and possibility of coordination between them. On the basis of introducing the foreign-related legislation, law enforcement experience patents and established in the operation of joint venture, this paper give a important analysis on monopoly problem in the establishment of a patent pools and the permission to others. Ultimately based on the reality of China's economic development, this paper give some preliminary ideas to China's patent system associates the antimonopoly laws , and to explore how patent pools to be used reasonably .