The Anticompetitive Effect Of Patent Pools And Antitrust Policies To Patent Pools

Since 2002, the phenomenon of patent holder uses the patent pool licensing models, limiting competition, damaging the interests of consumers intensified, the most since 2002 than the typical series of "DVD event." China's DVD industry after the blow, the profit margin shrink dramatically, or even almost unprofitable, many small and medium enterprises so stopped the production of DVD player. Patent pools as a means of Foreign multinational companies who squeezing DVD industry in China has attracted wide attention.Patent pool is not a new phenomenon, the development of science and technology form the patent system and the form of organization. The first patent pool appeared in the United States in 1856. From the point of view the causes of patent pools, patent pools have mainly because it can remove licensing barriers arising, help to promote the popularization and application of patented technologies. The emergence of patent pools to a certain extent, resolved a patent infringement dispute. Patent pools have lower transaction costs and achieve unified package for third-party license fees and to adopt uniform standards and standard protocols, thus avoiding the licensee individually negotiate with each patent owner to determine the permit conditions authorized by tedium process.With the rapid development of 3G technology and applications,3G standards involving a large number of patent holders and patent technology,3G patent platform of the patent pool model has been the emergence of national attention. Question is considered a better model to eliminate monopolies, through the United States, the European Union and Japan antitrust review, but the 3G patent platform and 3G communication technology does not include all the necessary patent, a number of important standard-setting participants and the patent holder refuses to adding 3.G patent platform, the implementation of the patent platform had a negative impact.In this paper, the 3G patent platform as an example, the reasonableness of the patent pool and potential threats to make the theoretical analysis, demonstrated the 3G Patent Platform This form of organization to increase the use of technology to reduce rates and improve consumer welfare, but "patent pools outside the authorized person" of the existence of patent protection, antitrust investigations and other factors not conducive to the formation of patent pools. By comparison study of Japanese, European Union, the United States 3G patent platform antitrust review, qualitative analysis of 3G patent platform on the impact of China's communications industry, on China's independent innovation and market competition, for our country's relevant policies and laws and Enterprises should make recommendations.The first chapter is introduction, first presented in the form of case, our DVD player industry suffered huge losses in the actual cases, to elicit the importance of patent pools, as well as our associates in the patent law and policy regulation is not complete and our business and government on the establishment of independent patent pool limited degree of attention,3G is the next communication industry is a "DVD" industry. Secondly, this paper describes the research background.The second chapter previous studies on patent pools were reviewed and studied the theoretical and practical significance are described. About the formation of patent pools, patent pools described the concept and basic properties and characteristics.3G Patent Platform for the origin, purpose, structure, etc. a simple introduction.The third chapter previous studies on patent pools were reviewed and studied the theoretical and practical significance are described. About the formation of patent pools, patent pools described the concept and basic properties and characteristics.3G Patent Platform for the origin, purpose, structure, etc. a simple introduction.The forth chapter description and analysis of the various countries and regions (U.S., EU, Japan) on the patent pool antitrust regulation and regulatory history of the evolution of the law, and the 3G Patent Platform for antitrust review of the relevant legislation and the characteristics were compared.The fifth chapter summarizes the conclusions and policy recommendations, and points out the limitations of this study.