Research Of Regulations Of Anti-trust Law Of Patent Abuse

Patent is a statutory monopoly, which exists generally as the application of antitrust laws. However, the patentee is often in pursuit of economic interests and abuses their economic rights, which results in the exclusion, limiting the result of competition, thereby violating the provisions of the antitrust laws, and is by its constraints. In the era of knowledge economy, it can be said that Patent plays a decisive role in the development of economy and society, while the phenomenon of abuse of patent rights is also more frequent. Anti-monopoly law, as the"basic law"to maintain the market economic order, which incorporates the abuse of patent rights within the scope of anti-trust legislation, helps to strengthen the study of the abuse of anti-monopoly regulation of the patent system, therefore, its great significance is obvious.At first, the thesis explores the concept and characteristics of patents and the definition of patent abuse and its constituent elements in great details respectively from the perspective of their concept and features. Secondly the current situation of the application of antitrust laws to the abuse of patent in the United States, Japan and other oversea countries is examined. A number of enlightenment is gained from those countries in which the application of antitrust laws to the abuse of patent are more successful. Thirdly, the situation that should be restricted by the antitrust laws is point out from the forms of the abuse of patent. The abuse of market dominant position, the restriction on competition both horizontally and vertically, and the co-operation competition, which should be regulated by the antitrust laws of china, is the very item studied in this part. Finally, in affirming the positive sense of the promulgation of China's Antimonopoly Law, the thesis argues that there are some disadvantages in the anti-monopoly law of China. In order to promote technological innovation, social progress, It is proposed that effective and high-operable guidelines on the antitrust laws to the abuse of patent in China should be established with the reference to the United States, Japan and other countries and regions that have successfully practices antitrust laws into use.In short, as an undeveloped country in intellectual property, China not only needs to pay great attention to the protection to the patent but also needs to make great effort to research the enactment of antitrust laws, for technological innovations and the rapid development of economy is the very situation that China must face. The enactment of patent has to protect the legal interests of patentees on the one hand; on the other hand, to avoid the destruction of socio-economic order by the patentees'abuse of the rights of patent. Only by doing so, our scientific and technological innovation and economy can develop harmoniously.