The Research On Anti-trust Regulation On Patent Popol

The Chinese translation for"Patent Pool"really catches the spirit, the"zhuan li chi". It vividly describes the concentration of patent s. CONCENTRATION is a very sensitive word in the field of anti-monopoly regulation, and there is an inextricably relationship between patent and monopoly. Therefore, from the 60th and 70th of the last century, the court and anti-monopoly law enforcement agencies in developed countries have begun to pay close attention to the legal regulation issues of patent pool . For a long-term, the intellectual property rights related antitrust regulation issues has not been paid enough attention in China. But the case of DVD patent pool has sounded the alarm.The development trend of the technology trading market indicates that, the patent pool licensing has become a popular mode of patent licensing in the high-tech concentrated industries, such as information technology, biotechnology, semiconductors, etc. In the point of view from the experience of the past lessons and market development trend, our government and legislative body should further improve the relevant laws and regulation under the existing principle of the antimonopoly. So that we can ensure effective supervision of the relevant market for the development of related industries, and create a favorable market environment for our domestic companies. In China, the research on legal regulation of patent pool is not much, but obviously, the importance of that is self-evident. In this article, author will focus on how to improve anti-monopoly legislation of patent pool licensing in China and try to make some recommendations. There are four chapters of this article. We start in Chapters I with a theoretical introduction of the concept and function of patent pool. In this part, author wants to give reader a preliminary understanding of patent pool and patent pool licensing and make some groundwork for the following discussion. The Chapters II will study the behavior of abuse of patent pool licensing and the shortcomings of the existing laws and rules in the regulation of this issue in China. In Chapters III, author will study the legislations in U.S., E.U., Japan and Taiwan and make some summarizations. Based on the Chapter III, author will try to make some suggestions for China's such legislation from following 5 aspects: establishing regulation legislation orientation, constructing the legal framework, determining the principle, choosing regulation way and introducing in the regulatory impact analysis system.