On Abuse Of Rights And Legal Regulation In Patent Permit

Patent is granted in the European medieval feudal monarchy specializes in privileges based on new technology, is a product of commodity economy and production technology development, although the patent right in the middle ages belong to product of feudal privileges, but its naturally associated with the market economy.Patent, as a kind of legal monopoly, proprietary intellectual property rights, will bring the patent owner of the current or potential business interests, therefore, the patentee is pursuing the maximization of economic benefits in the competition, it’s quite possible abuse of patent right.In nearly a decade, patent consciousness is more and more strong, in the domestic market for foreign patent abuse in patent right shall be granted to enterprises, domestic from private enterprises to governments, to start from the legal system and rules and regulations and in the form of market means and fight back.Rights of legal regulation of the abuse of patent licensing issues become the profession, the judiciary and the justice department to solve the problem.This article will through the five parts of patent abuse in patent license and the legal regulation problems were discussed:The first part of introduction, the introduction of patent abuse behavior research status at home and abroad, the domestic and foreign scholars and experts put forward different views and Suggestions to solve this problem and foreign different law enacted by the legislature of the laws and regulations, expounds the existing problems.The second part through the introduction of the Chinese government for qualcomm’s antitrust case investigation, this paper from the side which reflects the legal issues and in the existing legal norms for regulation of patent abuse in patent license.The third part through analyzing the cause of patent abuse of legal regulation and specific performance, and an analysis of the theory of the patent right abuse, discuss the patent system and anti-monopoly law and other laws between potential contact and coordinate with each other’s problems, put forward on the basis of the patent right, the antitrust laws of dual track structure on advantage to regulate the abuse of patent right.The fourth part expounds from the perspective of foreign laws and regulations in foreign laws and regulations of the patent law and antimonopoly law legislation principle, through comparing the legal regulating of the advanced experience in foreign and international treaty, take its essence.The fifth part of patent abuse in patent licensing law regulation put forward Suggestions and ideas, through the change of laws and regulations and perfecting the legislation of anti-monopoly law and the patent system from the perspective of complement, and puts forward to build on the basis of the anti-monopoly law and patent law of the dual legal framework structure and build the recognition and regulation of patent abuse permission operation guide.