Abuse Of Patent And Legal Regulation

Patent misuse has become the technological progress and a major obstacle to competition in the market, seriously affecting the healthy development of China's economy and security. If the improper use of patents, especially when the abuse will damage the interests of others and the public, patent law constitutes the legislative purpose of the breach of civil law and antitrust violations. This patent abuse of a general analysis of the theory, in the definition of patent misuse based on the analysis of patent misuse Components and manifestations. Through the study of international conventions, EU, U.S., Japan, and patent abuse of the anti-monopoly legislation, based on this patent misuse of the legislative regulation of the current situation of the analysis, presented how to build our country, including patent law, antitrust and other different levels of regulation of the legal system of patent abuse of initial ideas.This article consists of three parts.The first part discusses the behavior of patent misuse and the need for regulation. First, longitudinal analysis of patent misuse based on the theory, the specific definition of the concept of patent misuse, summarize the elements constitute patent misuse. Followed by detailed analysis of patents in general form of abuse, and analyzed the existing patent to the special form of abuse, including garbage patent, the standard form of patent misuse, abuse of rights form patent pools and patent license agreement in the form of abuse of rights. Finally, the analysis of the need for regulation of patent misuse. The second part, through a comparative study of international conventions, EU, U.S. and Japan patent misuse the provisions of regulations, patent rights abuse summarized the antitrust regulations is the international common legislative model, the general way of using specific guidelines. The third part introduces the relevant provisions of China's current system of patent misuse the specific content of laws and regulations, followed by analysis of the current abuse of the legal regulation of patent problems, and finally focuses on how to build our patent abuse of the legal regulation system.