Anti-Trust Law Regulation On Patent Pool

Patent system is of special significance to promoting technological progress and economic prosperity in modern world.Encourage people to invent in the creation,promotion of scientific and technical services to the people's production and life,play an extremely important role. However,due to its long-term monopolization,the dispute between patent right and anti-monopolization never cease.With the explosion of information and economy,patent right license can be expanded from traditional single form to centralized form.Patent pooling agreement,which is the patent pool discussed in this paper,has double effect both on promoting technological communication and restricting market competition.As an advanced mode in international intellectual property right s Strategy,the abuse of patent pool mode will do great harm.The study on antitrust law regulation of patent pool has enormously theoretical significance.Being a developing country with relatively backward technology innovation,patent trade in China remain being licensed and subjected to abusive exercise of patent right.Recent years,patentee are increasingly abusing his advantage of patent right brings damages to valid competition and harm to consumer's interest by means of pool-patent mode.The electronic industries including DVD industry,color-TV industry,digit -camera industry and MP3 industry are facing challenge to survival and development,which an deep appeal for establishment of the system of pool-patent and anti-monopoly law.Therefore,the issues on how to control the illegal monopoly activities such as abuse of market advantage and restriction of competition are worth studying in the light of law and are practical significance to benefit's safeguard for our nation.The thesis mainly applies theoretical analysis,historical analysis and comparative analysis.Based on deep study on the relationship between pool patent and anti-monopoly law,it has relatively detail investigated the legislations,practice and development of pool-patent rights in economy entities form America,European and Japan.Itself illegal principle,Reasonableness principle,and Exemption System of antitrust law regulation of patent pool are further explored and comparatively studied.At last,Based on the current situation of our country,the author puts forward suggestions and preliminary assumptions for perfection of antitrust law regulation of patent pool in our country.In addition to introduction and conclusion,the thesis consists of four parts. Part one,taking a case study as an example elicit the theme of this thesis- patent pool. Firstly,it states the fact and development of DVD cases and gives a legal analysis of abuse of patent rights.At last,it analyzes the negative effect resulted from patent pool and propose the necessity of antitrust law regulation of patent pool.Part two,mainly on the following two questions:Firstly,it studies the internal construction of patent pool from the angle of antitrust law regulation.Combing the relationship between different patents at first in patent pool is for the purpose of make distinction beneficial patent which will benefit competition and harmful patent which will hamper competition and impair social welfare.Then,it also analyzes the possibility of monopoly after introduction of three types of administration model in patent pool. Secondly,it also provides an analysis of activities which will restrict the competition and of abuse of power from the angle altruism of law regulation.To clarify the patent pools may have a negative impact on a variety of further discussion of patent pools to implement anti-monopoly regulation need.Part three,it gives a comparative analysis on antitrust law regulation of patent pool of the United States,Japan and the European Union and other countries and economic entities.It mainly makes comparison of antitrust law regulation of patent pool in America, European countries,Japan from the perspective of Itself illegal principle, Reasonableness principle and Exemption System,and gives an analysis and evaluation on commons and differences.Based on those studies,we should combine the international background and the situation of China to draw anti-trust regulation of the legal and judicial practice of valuable experience.Part Four,it probes into the perfection of antitrust law regulation of patent pool in our nation.It also expounds the current prescripts and defects of antitrust law regulation of patent pool.Based on the current situation of our country,drawing experience reasonably from European country,the author puts forward suggestions for perfection of antitrust law regulation of patent pool.That our country should be based on modernization,internationalization,localization of the principle of building a multi-level, three-dimensional and effective regulation of the legal system for patent pool.