The Abuse Of Patent Rights And Antimonopoly Restrictions

Patents rights are some rights given by law.Patents rights belong to the inventors orthe obliges,and they can benefit from the rights within sure years without others’ sharing.Indeed,the Patent right is a kind of monopoly right agreed and given by the laws.Patent rightsare protected by the laws on intellectual property rights.But the monopoly given by thePatent Right is relative,limited.The behaviors that taken by the operators who abuseintellectual property rights should be limited by the Antitrust Law.In the21st century, countries and corporations are facing increased competitions.Hence, intellectual property is acting an significant role in this high-tech competition.However, multinational corporations seek profiteering by means of abusing patent right.Since China has gained membership of the WTO, it has no countermeasures to solve theproblem that multinational corporations abuse the right to monopolize our market. In thebackground of economic globalization, it is badly in need of regulation by antitrust law tosuppress the abuse of patent right, which conduce to the healthy and orderly developmentof our country economy.This text is devided into five chapters.The1st chapter is the summarization-abuse of patent right, elaborated from the righttheory of abuse, the definition and original theory about the abuse of patent right.The2nd chapter narrates key component and specific performance of Patent Misuse,which focuses on the key component and some specific performance of Patent Misuse.The3rd chapter is the Legal Analysis of regulation by Antitrust Law on Patent Misuse,which is mainly elaborated from3angles on Patent Law, Antitrust Law and the connectionbetween two laws stated above, which anylyze Patent Misuse by regulation of AntitrustLaw.The4th chapter is the survey research on the abuse of patent right antitrust regulationby main countries and regions. This section introduces major legislation status of the abuseof patent right antitrust regulation from several angles like the United States, European Union, Japan, taiwan and interntional convention, and makes a comparative analysis ofthem.The5th chapter is the thought of the abuse of patent right antitrust regulation in ourcountry, which mainly discusses China’s current regulation of the abuse of patent rightlegal norms and provide the suggestion of how to establish and improve the abuse of patentright legal regulating system with the core of anti-monopoly law.