Study On The Supervision Of Patent Pool By Government

A Patent pool is either an agreement under which at least two enterprises or patent holders cross-license respective patents relating to a particular technology, or a consortium, as an enduring organization, which is found on licenses awarded by patent owners and exercises patent rights on behalf of these licensers. Patent pools fall into three categories: open type of patent pool, closed type of patent pool, and hybrid type of patent pool.Patent pools emerge responding to the problem of a large number of redundant patents exiting in one industry and the problem of patent thicket coming into being due to conflicts and/or complements among several patented technologies. In tackling patent thicket, saving transaction and litigation cost, reducing market risks, integrating complementary patents and so on patent pools play significant roles. However, despite their positive effects, patent pools have dark side, which cannot be ignored. Particularly, during the foundation and exercise of patent pools, practices of hindering and excluding competence, such as fixed price, rejecting transaction collectively, bundling sales, exclusive grant-back provisions, restricting resale price, price discrimination and so on, are hardly avoided.Governmental supervision of patent pools refers to regulations of patent pools by means of regulatory framework and laws in order to achieve economic goals quicker and to protect activities related to public interest on a larger scale. Two strategies are adopted. One is concerned about supervising access to market, the strategy which focuses upon scrutinizing attributes of patents and assessments of independent experts. Another policy revolves around anti-trust, which emphasizes supervision of the agreements inside and permitted activities outside patent pools.The legal system of our country in the regulatory patent pool there still exist many disadvantages:one is the lack of definition of patent pool, Secondly, and no legal too scattered formation system, Three is legal principle, the maneuverability is not strong, limited scope is adjusted, most of the standard and foreign economic, trade, and the actual economic exchanges. The developed countries of patent pool of antitrust regulation method has important reference meanings in the patent pool, government regulation must be fully consider the contemporary China's basic national conditions and the development situation of patent pool. Firstly concludes and integrates current research on patent pool, then pictures current situation and problems of patent pool in China, finally discusses the establishment and improvement of supervision system with respect to patent pools on three aspects:revising Anti-trust Law, enacting Enforcement Regulation of Anti-trust Law, and establishing Public interest litigation intellectual property.