Research On Anti-trust Regulation Of Patent Pool

Patent pool has been developing more than 150 years in the developed country; however, our country had not pay attention to it until the"DVD patent licensing fee incident"happened in 2002. In the DVD case, foreign transnational enterprises, with the name of exercising their intellectual property, established a patent pool and promulgated a Communiquéthat high patent license fee will be charged for use of pooled patent. As a result, domestic DVD manufacturing enterprises were attacked severely. And great majority of domestic DVD manufacturing enterprises were forced to stop production even go bankrupt. In this context, China begins to be aware of the important role of patent pool playing in the international economic competition. Meanwhile, the domestic scholars are finally aware of the harmfulness of illegal monopoly in Patent pool. The"Antimonopoly Law of the People's Republic of China"has been promulgated in 2007 and it has included some principle regulations regarding the intellectual property monopoly. However, there are no laws or regulations has provided for the illegal monopoly of patent pool. As the foreign patent pool monopoly conducts have already harmed the interests of domestic related companies and threatened the development of domestic related industries, this thesis tries to construct the law system of anti-trust of patent pool through studying and using foreign advanced practices of legislation. The thesis consists of four chapters.The first chapter generalizes patent pool briefly. In one hand, it generalizes the basic knowledge of patent pool, which including the concept, character, tapes and elements of inner structure. In the meantime, this chapter also introduces the development history of patent pool.The second chapter analyzes the necessity of restricting monopoly of patent pool and the legislation of our country in this area. About the necessity of restricting monopoly of patent pool, this article mainly analyzes the following respects: Firstly, it analyzes the advantage and disadvantage of patent pool and opened out that patent pool not only would promote competition, it also could restrict competition; Secondly, it analyzes the monopoly behavior during the establish process and permission process of patent pool and further point out the necessity of restricting monopoly of patent pool.The third chapter minutely studies the legislation of anti-trust of patent pool of U.S.A, European Unions and Japan and on this basis; the writer summarizes the significance of reference.The forth chapter points out the law system of anti-trust of patent pool of our country. And this chapter includes the following respects: first, the legal goal and basic principle of anti-trust of patent pool; second, the anti-trust examination system of patent pool, which concretely includes the anti-trust examination system of patent pool establish process and permission process; third, the legal liability of illegal monopoly of patent pool, which includes administrative liability and civil liability.