Research On Regulating Abuse Of Patent In Patent Licensing By Law

Under the background of the Intellectual economy, whether having the technology protected by the intellectual property law becomes an imporant standard of measuring an enterprise’s market competitiveness. In order to avoid repeated development and make the output of technology investment maximum, echnology licensing and transferringhas become an important content of transaction among enterprises. In the patent licensing process, the Patent licensee often take the advantage of having the proprietary of patent rights to impose unreasonable restrictions upon the Licensee, such as fixing price, tying, grantbacks clause, refusing,non-challenge clauses, restricting scope of the licensed technology, and so on. Patent abusing greatly damages the market competition order, so both patent law and anti-monopoly law should try to regulate the abuse of patent in patent lieensing. This paper will analyze the basic theory and studying the relevant countries’or regions’legislative models, then propose the proposal to build a binary model, which contains both patent law and anti-monopoly law, about rights abusing in patent licensing.This paper is divided into three.Chapter one is the basic system of the abuse of patent in patent lieensing. It mainly deals with the historical origin and nature of the right not to abuse, the concept, standards, the common kinds and legal basises of the abuse of patent in patent lieensing. Clarifying these issues is the prerequisite and basis to analyze and build the legal regulation system of patent abusing in patent lieensing.Chapter two is the macroscopic investigation in the legislation of patent abusing in patent lieensing. This paper chooses the U.S., EU, Japan and Taiwan, as comparison study objects for their earlier patent systems and experiences in practical operation. In addition to the study of their regulations on abuse of patent in patent lieensing, international treaties are also combined, in order to benefit our legal regulation of patent abusing in patent lieensing.Chapter three is the Microanalysis of the legal regulation of the abuse of rights in patent licensing. First, this paper discourse the legal regulation system of the abuse of patent in patent licensing, and focused the research on the complex relationship between patent rights and anti-monopoly law. Then, the paper sums up our relevant laws and their inadequate. Finally, the paper proposes the proposal to build a binary model, of the abuse of rights in patent licensing, which contains both patent law and anti-monopoly law.In the conclusion part, the main point of view of this paper is summarised.