The Regulation Of Patent Pools On Anti-monopoly Law

The patent system have played an indispensable role for developing technological andeconomic in the whole society. However,because of the inherent monopoly of the patentitself,the disputes with anti-monopoly law never stop.It has been more than150years fromthe first case of patent pools to now,and patent pools has gone through the gloom anddoom and then the rejuvenation process.It’s also one of the main mode of the patent fieldin global trade.But so far our country has no specific antitrust regulations in patentpools.Only some principle of intellectual property antitrust regulation,there is nouncertainty and operability.This paper studies the systematic issues on patent poolsantitrust regulations by historical analysis and comparative analysis.First of all,the patentpool’s basic theory of antitrust regulation is described,and then intrduces the concept andtypes of patent pools,paten pools on the role of competition,both restrictingcompetition,harming consumer interests and obstacling innovation.However,it can alsopromote technological innovation and reduce the cost of trasaction. To regulate only by thetraditional civil law and patent law,there is some limitations.So the regulations onanti-monopoly is needed.And then learning from the relevant legislation and case of theUnited States,Japan,theUS and China’s Taiwan,is useful for practice in the field inChina.Finally,based on the theoretical basis of the relevant foreign legislation andanti-monopoly law, providing system and specific practical measures to buid the antitrustregulation in China.