The Construction Of Patent Pool In China 's Communication Enterprises

When the global manufacturing profits can not meet the requirements of the interestsof the developed countries,they will turn their attention to the patent license.Throughpatent licensing,developed countries control the top of the industry chain,so they get themaximum profit of the whole industry.The patent pool as a collection of patents,it hasunmatched patent licensing right by ordinary patent.It will maximize its profits.Thedevelopment of patent pools abroad has matured,its development of technical standards tobuild first,then build the basis of this patent pool on technical standards.Standard licensein the first practice after the Western developed countries to ensure the leading position intechnology.Not long ago, China’s three major telecom operators to get4G licenses,whichindicates that China’s4G network deployment and construction has matured.For mobilecommunication network construction,China’s telecommunications companies have missedthe1G,2G,3G standards development. But the good news is,4G era finally have our own4G standard--TD-LTE.It is based on the LTE evolved.Chinese telecommunicationscompanies in the possession of the LTE standard patent in a dominant position.Thus,in theface of global competitive pressures and resist foreign,to establish a communicationcompanies patent pool is in line with the real interests of Chinese telecommunicationscompanies.This text is divided into five parts. According to the division of subject content, thefirst part belongs to the management, the four part behind the belongs to legal studies. Theintroduction part introduces the development China communication industry developmentsituation and the global communications industry environment. Under this background,this paper put forward the necessity and feasibility of building a patent pool Chinesecommunication enterprises. The first chapter construction principle and construction modeof patent pool, and then put forward the idea of patent pool in China communicationconstruction enterprise. The second chapter analyzes the patent pool of internal legalrelations, including subject, object of legal relationship, the articles of association of thepatent pool. The third chapter introduces the patent pool of external legal relationship, the patent pool administrator, patent pool Licensee this kind of relations are analyzed, theexternal legal relations common to do related research. Are introduced, the two chapter ofpatent pool legal relationship analysis and research, to provide a legal platform for thepatent pool in China communication enterprises. The fourth chapter mainly introduces thepatent pool abuse of rights of communication enterprises, analyses the conception, formand reason, analysis of elements, to prevent future patent pool may face charges of abuseof rights. The fifth chapter is the last chapter provides legal regulation, analyzed thetheoretical foundation of legal regulation, and combined with the legal status of ourrecommendations for future legal regulation. The two chapter is the legal risk of patentpool may face in the future provide a method to avoid the construction of patent pool, is toprovide a strong guarantee in law.