On The Anti - Monopoly Law Regulation Of Patent Pool

With the advent of the era of knowledge economy, patent pool、 as a high-end intellectual property strategy, gets more and more favour of all countries. Many companies in developed countries are keen to form a collection of patent pools to relate advanced patent technology and integrate superior resources in the industry. The aim is to obtain the relevant industry market advantage to win more profits.At the beginning of the 20th century, foreign enterprises formed "DVD 3C alliance" and "DVD 6C alliance",and implemented package licensing on DVD enterprises in our country. The licence fee was very high. Because the core of DVD production technology are controlled in the hands of those multinational giants,Our DVD enterprises have to pay 50% or over 50% of the sales income as patent royalties to foreign giants. They almost suffered destruction.Since then, the DVD patent pool events seem to be just the beginning, the obstacle of our enterprises’ survival and development is a variety of patent pools which is related to high and new technology.The development of emerging industry in China have to face challenges from patent giants. When patent pool becomes the tool for enterprises to pursue giant profits, good and orderly market competition order may be destroyed. And the function of resources’ allocation may be weakened or lost. Eventually the interests of the consumers will be damaged. The anti-monopoly law has been enacted in China, but only article 55 states the relationship between the intellectual property rights and antitrust:"...... however, this Law shall be applicable to the undertakings who eliminate or restrict market competition by abusing their intellectual property rights." The regulation of patent pool monopoly behavior are faced with the embarrassment of no specialized law.Therefore, the research about law regulation on patent pool monopoly behavior is very significant.For this research, I collected a variety of materials, and read them carefully.I Combined China’s contract law, anti-monopoly law, anti-unfair competition law and other legal documents of relevant laws, summed up Chinese present situation of the patent pool anti-monopoly legislation.And I Compared the lessons from foreign experience about antitrust regulation of patent pool.I think the job is helpful to the construction of our country’s legislation and law enforcement. I researched related cases,for generalizations as well.This paper mainly includes the following five parts:In the first part, the paper discusses the present situation of our country’s patent pool anti-monopoly regulation and realistic necessity. I introduce the domestic and foreign patent pool abuse, especially refer to multinational patent giants ’patent technology "encirclement and suppression". Then I analyze the great harm to the economic development of our country. Combing the relevant patent pool anti-monopoly legislation, law enforcement and the judicial status quo, I sum up the achievement and shortcomings. In the second part, this paper discusses the legal basis of patent pool anti-monopoly regulation, including prohibit abuse of rights principle, the legal basis in anti-unfair competition law and anti-monopoly law for the abuse of patent right, the basis of law and economics, etc.In the third part, the paper expounds the manifestation of patent pool monopoly behavior, including patent pool monopoly of the internal cooperation agreement and monopoly behavior in the process of foreign patent pool license. In the fourth part, I analyse the legislation and practice of antitrust regulation on patent pool in the developed countries, developing countries and Chinese Taiwan, combining the reality of our country to draw inspiration and thinking. In the fifth part, I put forward some suggestions for patent pool anti-monopoly regulation in China, such as legislation, law enforcement and judicial improvement, the construction of early warning mechanism, and the antitrust review mechanism of our country, etc.