On The Regulation Of The Abuse Of Patent Right By Anti - Monopoly Law

With the development of economy, intellectual properties become an important factorconcerning a country’s welfare, among which the effective execution of patent rights has largelypromote the enhancement of the science and technology. By protecting patent holders’ exclusiveright, the establishment of patent system aims at stimulating innovation and promoting economydevelopment. However, patent holders may misuse their exclusive right and block the competitionin the market. Therefore, the Antitrust Law is needed to regulate this kind of behavior and ensurethe healthy development of the economy.Based on the concept of patent right misuse and its relationship with the Antitrust Law, Idefined the way of misusing patent right from the perspective of antitrust laws in this essay.Furthermore, using the laws and judicial practices of developed countries for reference, I assessedthe application of antitrust laws in regulating patent misuse in China and hopefully could makesome useful suggestions for its perfection.Specifically, the essay could be divided into four parts. The first part was a general analysis ofpatent right misuse, in which I inquired into the origination of the theory of patent right misuseand elaborated my own definition of it. The second part was about the use of antitrust laws inregulating patent right misuse. By discussing the relationship between patent right and antitrustlaws, I tried to illustrate the necessity of applying antitrust laws in controlling patent right misuse.I also classified the ways of misusing patent right through a research into relevant cases.The thirdpart was a comparative analysis of the antitrust laws and judicial practices concerning patent rightmisuse in United States, European Union and Japan. I believed that these countries’ experiencewere of great value to China. In the last part, I analyzed the application of laws to regulate patentright misuse in China and made some proposals to optimize the mechanism.