Patent Pool To Abuse The Legal Regulation

Patent pool is an aggregation,which contains a lot of patent cross-licensing between patentees.Their patented technologies have been put together in a complex of collection.Generally the patent pool is licensed in "package" forms.The patent license fee is distributed in accordance with the agreement.Patent pool is still a new word in our country.In the last year,many companies pay a lot of money for the patent pool licensings.Some of the industries have destroyed absolutely.Many people are afraid of the patent pool.However,it is foreseeable that patent pool will have greater impact to our country's economic development and industrial policy-making in future. Therefore,the issue of patent pool is very necessary and meaningful.The analysis found that patent pool itself is not only a positive role, but also have a negative effect,the key lies in the existence of rights abuses. How to define abuse,and how to regulate the abuse of the system to resolve patent pool is the crux of the problem.In this paper,there are four aspects to discuss the problem of the patent pool abuse of the legal system of regulation.The comparative analysis methods are used mainly.The first part:introducing the patent pools and the abuse of the patent pool's outlines.The second part: expositing the theoretical analysis about the abuse of the patent pool and lagal regulations.The third part:introducing the experience about the patent pool abuse of the legal regulation which the United States,the European Community(EU),Japan and other countries or regions have.The fourth part:analysing the patent pool legislation and the status of the existing problems of our country,and puting forward policy proposals.