On The System Of The United States Limit The Abuse Of Patent Rights On China's Legislation Of Significance

Rules to restrict patent misuse are important component of many countries'patent system. However, system related to patent misuse in China is not clear, neither practically or theoretically. The protection of patent has been generally accepted, but its negative effect has been neglected in China. During the process of enactment of Antitrust Law and amendment of Patent Law, to adopt reasonable rules to eliminate patent misuse is necessary and important.In the first part of the thesis, the problems confronted by us and necessity to research this topic are introduced.In the next part, two types of theories related to patent misuse in USA are introduced systemically. The reasonable and scientific points to restrict patent misuse are concluded through the analysis of advantages and shortages of each theory.In the third part, doctrines and policies under patent system are researched thoroughly in order to find the right policy for current situation of China.In the last part, the selected rules related to patent misuse in USA are analyzed for our country's necessity and the advices for legislation are provided.The most remarkable features of the dissertation consist of:The first is the positivism method taken in the dissertation. The system to restrict patent misuse is discussed not only theoretically but also in way of positivism. The rules and relevant cases in different times are also reviewed in order to take out some principles scientifically.The second is the comparative method taken in the dissertation. Compare the differences of legal surroundings in China and USA, in order to select the appropriate theory and rules for China to restrict patent misuse.The last is the specific legislative proposals offered in the dissertation. With the intention to improve the legislation and practice of vicarious liability, the deficiencies are pointed out based on the study of positivism and comparison, and the specific legislative proposals are put forward in the dissertation.