Research On Patent Abuse And Antimonopoly Restrictions

In recent years, the enterprise of China’s intellectual property rights has been developed vigorously. And with the patent rights playing an increasingly important role in the economy and life, the problem of patent rights abuse is becoming more and more prominent, at the same time, the cases of patent rights abuse are too numerous to count. Patent is a kind of legal monopoly right, which generally exists as an anti-monopoly law exception. However, in some cases, the patentee cause illegal exclusion and restriction for competition because of patent rights abuse, which violates the anti-monopoly law. Patent and anti-monopoly have common ground and potential conflicts. So in order to keep internal law system harmonious and unite, it is necessary to maintain the balance between competition and patent right, we should coordinate the conflict. From the anti-monopoly law point of view, the behavior of patent right abuse can be divided into the dominant market position, the monopoly agreement restricting competition, the concentration of business operators restrict competition. Patent law, civil law, anti-unfair competition law regulate on the behavior of patent right abuse directly or indirectly from different perspective, but the scope of application is limited respectively, and it is poor to solve the deeper problem in the patent right abuse. So it is essential to regulate the patent right abuse from the anti-monopoly law of point view. The developed countries and regions have rich experiences on the patent right abuse and anti-monopoly regulations, legislations, practice, which are worth learning.The legal provisions according to the patent rights abuse issues in China’s anti-monopoly law are too principle, and the maneuverability is lacking. So based on these existing problems, some feasible measures should be taken to deal with the patent rights abuse in our country, including the establishment of guiding ideology on anti-monopoly legislation for patent right abuse, the development and introduction of anti-monopoly law enforcement guide in the field of intellectual property, the establishment of a specialized mechanism for actuating the antimonopoly law, the perfection anti-monopoly law responsibility system and remedy measures, and the parallel regulation of patent right abuse coordinating antitrust law with patent law. By these measures, the regulation system of patent right abuse in our country will be further perfection.