Patent Pool Patent Abuse Of Legal Regulation

A patent is a patent under the law the legitimate monopoly of the patent pool licensing model to both the licensor or the licensee is to save transaction costs, one short cut to avoid infringement. Patent pool is to adapt to market competition and the formation of an organization or interest in the form of alliance, this new thing with the economic globalization, the social division of labor gradually refined into a patent license inevitable, especially in the high-tech technology, particularly in the telecommunications industry. A patent is a legal monopoly, the patent pool is only in recent years the rise of new things, a system for the studies it is not mature enough, the patent pool in the building process, if this improper use of monopoly rights is very likely to cause misused, leading to abuse the patent the patent pool. Therefore, this paper demonstrates the need to build patent pools, based on the construction of the patent pool may arise during the abuse of patents and patent abuse of the legal regulation of the production out of the study and discussion.TD-SCDMA is China's first launch of the complete control of the core intellectual property rights of international standards. The success of TD-SCDMA for China's mobile communication industry has brought unprecedented opportunities and economic development needs to defend the legal system, in order to protect the healthy development of China's independent intellectual property rights, we must build a sound legal system of 3G patent pool, TD-SCDMA technology standard to the perspective and in-depth study of TD-SCDMA 3G technology standard under the premise of the case home and abroad, summarized the basic requirements of the patent pool built to analyze the behavior of the patent and causes of abuse, summed up the patent abuse way of legal regulation, improve TD-SCDMA patent pool system, and promoting the cause of our prosperity and development of mobile communications, but also to promote the development of intellectual property to a new height.