Anti-trust Regulation Research On Abuse Of Patent Pool

Patent pool is the inevitable product of market economy, it not only can save transactioncost and promote the development of science and technology, but in some cases patent poolwill exist to limit competition hinder innovation and other negative effects. China PatentPool’s attention is the past few years, DVD patent case start. When foreign companies formeda patent pool and issued a joint statement. To the global DVD manufacturers charge highroyalty, make Chinese enterprises by the cruel blow, in this case, China gradually realizedpatent pool in the intellectual property rights strategy important position, although the"anti-monopoly law" for intellectual property monopoly made principle provision, but ourcurrent law does not clearly regulate patent pool licensing models, severe damages of ourenterprise and consumer’s benefit. So how to use the anti monopoly law regulation of patentpool abuse, became the research purpose of this paper.This paper is divided into four parts, the first part introduced the patent pool and theabuse of patent pool behavior, as well as his abuse of patent pool behavioral manifestations.The second part from theory and practice two respects discussed by the anti-monopoly lawregulation of patent pool misuse of necessity, the third part of the United States, the EuropeanUnion and Japan three national legislation, to apply the principles and implementation of thesystem, gets used to our country antitrust law regulation of patent pool misuse ofenlightenment. Finally puts forward some suggestions for China’s antitrust law regulation ofpatent pool advice.