On Abuse Of Patent Rights And Regulation

For a long time, Our country has been tilted toward the protection of patentees' interests, but there are inadequate attentions on the limits of patent abuses. It is the inherent requirements of the dual orientation of patent law value that we should uphold and strive to achieve the balance of laws. With the rapid development of economy, the steady progress of science and technology, as well as the integration with global economy at a higher level, more and more cases of patent abuses, concerning domestic and foreign enterprises, emerge in endless streams. The expansive tendency of patent rights undermines the balance of interests, and can be a major obstacle in technological progress and market competition. Whether developed or developing countries, they keep sharp vigilance on generated consequences. In order to effectively solve these new situations and problems, it has important theoretical and practical values to enhance the researches of patent abuses. From the theoretical basis of revisionism, this paper proposes a correctional direction about current patent system in our country, and attempts to weaken the strong position of patent holders so as to lean interests to the buyers or users of patent rights.The paper is divided into four sections. The first chapter, the basic theory of patent abuse regulation, discusses the inclusion relation between patent abuses and their monopoly behaviors, and points out that the single antitrust laws can not regulate all the patent abuses. Based on the comparison of the principles of anti-monopoly and patent abuse, from the principle of equity, the second chapter, the regulation actuality of patent abuses, combines the increasingly intense competition on intellectual property rights under economic globalization, as well as China's disadvantaged position, and brings forward a standpoint that the establishment of dual regulatory model and its complementary pattern are the inevitable choice to regulate the behaviors of patent abuse legitimately. The third chapter, the behavior confirmation of patent abuses, points out that the core principle of confirmation is the balance principle of interests, categorizes the behaviors of patent abuse under the guidance of the principle, and clarifies easy confused patent abuse behaviors that are combined with patents and standards, and belongs to the regulation of patent laws. Based upon the reasonable classification, the chapter 4, the perfection of concrete rules about the patent abuse regulation in patent laws, presents feasibility studies and suggestions on the concrete rules of patent abuse regulation, and emphasizes that compulsory permission system plays the role as the core in patent abuse regulation. In this section, we introduce harmonization articles that are regulated collectively by patent laws and technical standard principles into patent laws, and attempt to establish a new system of patent law regulation that answers for the actual situations of patent abuse in our country.