Abuse Of Rights And Its Legal Regulation. "patent Pool"

Nowadays, the globalization promotes the development of the economyrapidly, while the economy drives the process of the globalization, inwhich the technology especially the patent technology plays a more andmore important role gradually in the world′s trade. The pattern of thepatent individual′s permission in a traditional sense has been changingthat a new pattern which puts the way of the patent individual′spermission and the way of the patents′concentrating permission togethershows us a brandnew direction. The patents permitted concentrativelyis defined as "Patent Pool" in my article. There must be a series ofspecial causes and conditions in its history or reality for Patent Pool′s existence and development. These behaviors of the establishments, theuse and the management of patent pool reflect the request that theestablishing members need the innovation, the standard′s expansion,profits. The application of these behaviors must reflect appropriatelythe competitors′benefits, the public welfare, the national ecomomicorder and target as a result of the patent′s charateristics includingthe public charateristic, the tool and the monoply at a certain extent.These demands of balancing profits will be reflected internationally,according to the international trade of the intellectual property. Thesebehaviors of patent pool′s application in each link neglect or violateothers′lawful interests and that these behaviors disobey the initialaims, which means the more profits for the creators and more furthercreation which are useful for the advancement of the technology and thepromotion of "Double Civilization". Because these behaviors damage theingenious regulations used for fulfilling the double aims, thesebehaviors will be judged as the misuse of rihts and regulated by the law.These behaviors may be applied to the demostic law, also applied to theinternational conventions or treaties, which always have less difference than the national law, because some behavior has already stridden overnational boundaries. These behaviors have something to do with differentlevels′interests of groups so that these behaviors can be regulated bythe civil law, the economic law or even the administrative law, thecriminal law. If we have not formulated these laws mentioned above, wemust draft the concrete professional laws. In a word, we must takeadvantage of the laws to regulate the misuse of patent pool rights inorder to conserve the balance of interests between different groups.The article defines on "Patent Pool" on the basis of analysing lotsof viewpoints; reveals the necessity of patent pool′emergence and themechanism, according to the analysis on conditions of history and economyfor patent pool′s ermergence and development; sumarizes the fundamentalestablishing factors of patent pool after paying much attention to thephenomenon of patent pool at the home or aboard; judges the misuse ofpatent pool from its inner essence and external forms; lists and analyzesthe various forms of patent pool right; excavats international anddomestic resouces of law to regulate the misuse of patent poolThe article is consitituted by Five Chapters discussing the theme:In Chapter One, the article sums up the ecomomic character calledHi-Tech economy and each country are taking good use of technologyespecially the patent echnology nowadays. And then, the article pointsout the new ways of putting the patent to use, of the intellectualproperty rights′misuse. The content in Chapter One construct a base forcarrying out the further discussion.In Second Chapter, the article defines on "Patent Pool"; describesthe situation of patent pool all over the world at present time; analyzesthe necessary factors of establishing patent pool; compares theindividual patent with the concentrative patents; discusses the power mechanism of patent pool. We can huve a certain object discussed in thewhole passage.In Third Chapter, the article probes the fundamental of the misuseof patent pool′rights, being composed of its essential characteristicsand external standard for judgement. I analyze a series of patterns ofpatent pool′s misuse and attach importance to theses patterns that somecompanies who are the members of patent pool and able to be in controllof the market abuse their superiority, some companies establish an unionto impede the competition, some companies put a standard to use formonoply behaviors. In the following passage, I am intended to solve theseproblems.The content of Fourth Chapter is the core of the article. The authortake good use of concrete evidence and comparison and then refer to theforeign means of regulating patent pool′misuse sufficently, excavatethe resources of laws of the world sufficiently, draft a newregulations. According to these actions, we can regulate the misuseof the patent pool′s rights and drive ahead patent pool in a properdirection.In Fifth chapter, the article put forward some useful suggestionsfor the government, the corporations and the society, in order toelaborate the positive effection of patent pool and restrain with itsnegative influence as far as the present circumstance of patent pool′application all over the world is concerned.