A Study On The Anti - Monopoly Of Patent Abuse In China

In February 2015, the national development and reform commission of the country’s largest mobile chip maker qualcomm has carried on the administrative penalty, because of its heavy fines and cause the extensive concern of the society from all walks of life. Through the analysis of cases, this paper argues that although the penalty to a certain extent reflects our country to limit or hinder market competition behavior regulation level than in the past there has been a significant increase, but also reflects some of the existing regulation problems still exist in the legislative, judicial, law enforcement, needs to be synchronized optimizations. Because this case is a question of antitrust regulation of the abuse of patent right, so this paper put forward by the case raises the legal problems: patent abuse defined unclear, punishment standard fuzzy.Patent monopoly exists in the nature of acknowledgment and regulation of the particularity, this paper takes the relationship between antitrust and patent protection as the breakthrough point, to regulate patent abuse in typed with the antimonopoly law analysis. Based on the patent abuse increasingly frequent, and itself as the anti-monopoly law and the special properties of the combination of patent law subject, as a powerful tool for maintaining the order of market competition of the anti-monopoly law to regulate the abuse is feasibility and necessity. In practice, in this field in our country at present in the developed countries and regions still exists a certain gap. In this paper, with the United States, the European Union and Japan as the main research object, through the analysis of the comparative study sums up the definition and regulation on patent abuse problem of the experience and enlightenment to our country.Finally, aiming at the present situation in the antitrust regulation of the abuse of patent right, this paper comprehensive reference will be part of the experience of these countries and regions, puts forward the following Suggestions: first, the abuse of patent right that issue, the principle of legislation regulation should continue to play a guiding role, but in China need a corresponding operation guide to clear recognition of the analytical method. Secondly, in terms of punishment according to the regulation, should perfect legislation and at the same time in the development of both judicial and law enforcement, in order to ensure the market economy and the vigorous development in the field of the patent right.