On The Abuse Of The Patent Right And Its Legal Regulation

Patent right is of legal monopoly in essence. But in practice, there exist many kinds of abuse of patent right. Especially in the new situation of knowledge economy time, patent right plays more and more significant role in economy and society and abuse of patent right becomes more and more rampant at the same time, which do more and more bad to our society. Therefore, it is of great meaning to regulate the abuse of patent right.In recent years, a few multinational corporations implement patent strategy on one side in China; they are against our national enterprises as so-called patent-protection on the other side. It is not doubted that some use their lawful right to protect their lawful interest, but a lot of such corporations abuse their patent right to limit the free and fair competition and destroy the socialist market economy order in China. Many countries and areas on the world have been enacting laws to regulate the abuse of patent right. Unfortunately, this is neglected under the pressure to penetrating into the international society. As a result, there are few laws and regulations in our country to be used to fight against the abuse of patent right by some multinational corporations. It is clear that it is quite important to regulate such abuse of patent right in the situation of economy globalization. Therefore, it is necessary to regulate the abuse of patent right not only in theory but also in practice. So in order to promote the free and fair competition, protect the public interest, we have to learn from foreign countries to found a complete law system to regulate the abuse of patent right.This paper includes six chapters. Chapter I introduces the concept of the abuse of patent right; chapter II analyzes the reasons and harm of the abuse of patent right and the necessity of the regulation of it; chapter III probes the judge and classification of the abuse of patent right; chapter IV is the study of comparative regulation law; chapter V discuss the regulation of the abuse of patent right in China and advice on how to perfect it.