The Establishment And Legal Adjustment Mechanism On Patent Pool In China

The establishment and law adjustment of the patent pool has been an important issue under the background of building innovation-oriented country. As a form of IPR strategy, the patent pool have important significance, for breaking the constraints of IPR abroad, and sharing of the resources of the intellectual property in the patent pool, and enhancing our capability for independent innovation and the entire national scientific and technological innovation capability. Establishment the patent pool itself is not against the law. However, if the patent holder of the patent pool abuse of intellectual property rights is likely to restrict competition, and then disrupt the entire market competition order.Therefore, in encouraging the development of patent pool, we also have the right to prevent the abuse of rights. We must establish anti-trust mechanisms of the patent pool, reduce the uncertainty of establishment the patent pool of domestic. At the same time, through the research of the patent pool in our country, it provides a new perspective of national IP strategy, and can promote competitiveness China's relevant industries in the global market.All through history research methods and methods of dialectic arguments, provides a comprehensive inspection for understanding patent pool from the legal perspective and by its economic assessment, draw the law and the practice concerning the patent pool outside the area and explore the actuality and deficiencies, and make suggestions to improve it. The paper consists of three parts. The first part is on patent pool jurisprudence analysis, which provides theory basis for the establishment and the law adjustments of the patent pool. The second part analyzes and evaluates system of overseas regulating patent pool, for improving Chinese law provides an important reference. The last part starts from the legislative actuality and brings forward the deficiencies. In light of Chinese actuality, puts forward relevant policies to development the patent pool, and combine internal constraints of the patent law and external constraints of anti-trust laws to regulate the patent pool abuse patent right.