Research On The Regulation Of "Patent Cockroach"

"Patent cockroaches"(patent trolls) the term back in the seventies had already boarded the US, the economic powerhouse of the stage, but no immediate threat to the US economy. But it is in the last ten years time, the development in the international arena showing the rapid momentum, a serious impact on innovation and economic development of all countries and the world at the speed of technology. Cockroaches patent refers to the number itself is not engaged in the manufacture of the patented product or provide patent services, specializing in individual patent inventor, acquired the right to use the patent ownership and bankruptcy, corporate or university research institutions, then with another patent infringement lawsuit threat companies pay royalties of professional firms or groups. The main purpose of the patent is rampant cockroaches threat by way of payment of litigation other enterprises patent licensing fees or assume the risk of losing. This phenomenon is mainly due to national laws are inadequate to curb the provisions of the patent cockroaches and cockroach lower patent litigation costs, results and cost of patent infringement litigation there is a big uncertainty that threatened the company there is no time and energy to carry out the long war with the patent cockroaches. This allows the patent cockroaches will occupy absolute advantage in such litigation, so that other companies in awe in the face of patent litigation cockroaches, often based pay high patent licensing fees and its compromise. It is because of these compromises respondent companies, thereby contributing to the arrogance of the patent cockroaches, eventually rendering the patent cockroaches transnational development. With the upgrading of China’s comprehensive national strength, economic strength is showing rapid development, foreign patents cockroach is on China eyeing this lucrative fat, and has been extending its tentacles to our country. In order to maximize the protection of Chinese enterprises is not the threat of domestic and foreign patent cockroaches to ensure China’s economic development can be more robust, we mustpay close attention to the patent cockroaches. By analyzing the characteristics of patent litigation activity and cockroaches, causes and harmfulness start with a comprehensive exposition of patent cockroaches for the state, society and business, personal hazards. Followed by further information on the status of the patent cockroaches "layout", which reveals patent cockroaches innovation and development of China’s science and technology enterprise, the threat of people’s lives caused by the deeper revelations patent cockroaches in our land breeding reason, our response to mining patent cockroaches drawbacks. Learn from the world are now facing patent cockroaches measures taken to sum up experience, combined with China’s actual conditions and policy environment, to propose effective measures to regulate patent cockroaches. At present, China’s patent law and antitrust law for patent cockroaches regulation there are serious loopholes and shortcomings, and enterprises do not respect patent cockroaches seriously enough, the state does not fully deal with patent cockroach publicity, resulting in a large country as a whole environment have not paid enough attention to the patent cockroaches. If we do this more prevention, Chinese enterprises actually facing a catastrophe unprecedented in economic history. Cockroaches face patent threat to our economy play, this paper will be legal, national policies, corporate actions and other regulations recommend that cockroaches can exit the Chinese patent arena, patent protection of Chinese market showing a fair, harmonious trading environment for China’s economic development to pave the way.