Legal Regulation Of Patent Misuse Research

After China's becoming a member of WTO, as an international patent dispute falls, another rises. In the name of patent protection, some multinational corporations have been in an attempt to confine or eliminate the reasonable competition of Chinese enterprises, thus seriously violating Chinese competition policy. However, the restriction of patent right by Chinese Patent Law and patent-related laws can not put efficiently under control the abuse of patent. In order to protect the development of Chinese economy, it is a must that the legal system on patent abuse should be established as soon as possible. Under the circumstances of economic globalization, patent abuse brings about a vital harm to certain Chinese enterprises. Some new suggestions on the foundation of Chinese legal system of abuse of intellectual property rights have been tentatively stated in the essay, in the hope of perfecting Chinese legal system on patent abuse.The essay points out that patent right should be regulated by Monopoly Law when the exertion of patent goes beyond the scope of right and undermine the market competition, although to some extent patent in itself is a legal monopoly right. At present, in a number of states or regions, the behavior of abuse of intellectual property rights is regulated by Monopoly Law. The essay holds that china should make a good use of these experiences, trying to pave the' way for multi-dimensioned regulation on patent abuse. Since the abuse of patent does a lot of harm to Chinese economic development, it is a necessity to establish the monopoly law system in the field of intellectual property rights. Only patent abuse is strongly restricted can China be a winner in the battle of international economic competition.Expect of the introduction and conclusion, this text includes four parts altogether:The first part made an in-depth analysis of the cause of patent abuse, historical development , its constituent elements and various specific forms.The second part made a detailed and in-depth analysis of patent abuse of the need for legislation system.The third part compared antitrust system about abuse of patent. It mainly compared the relevant system of the United Stations, Japan, European Union and Taiwan districts of our country from the object of regulation, mode of regulation and concrete practice of those countries and districts. After madding an analysis and appraisal on the same and difference by comparison, the paper arrived a conclusion that a legal mode should be constructed which can regulate the abuse of patent better.The fourth part pointed out the harm of abuse of patent and the urgency of antitrust in the realm of patent after analyzing the social reality and legal reality, and then, a preliminary design of the antitrust system about the abuse of patent was put forward on the basis of learning the experience of other countries and analyzing the reality of our country.The methods the essay adapted mainly include law economic analysis, provision analysis and comparison method.