Research On The Patent Pool Of Anti-monopoly Law

Patent pool is a formal or informal Intellectual Property Organization in which patentees share patents and the common to a third party patent license or authorization. Patent pool has been developing more than150years in the developed countries; however, our country had not pay attention to it until the "DVD patent licensing fee incident " happened in2002.The patent pool has a natural monopoly, which may restrict or impede legitimate competition, the specific performance:multiple patent holders the legal monopoly of the patent is further concentrated, the use of intellectual property rights first-mover advantage to jointly build a structural monopoly, cause even greater damage to competition. This feature is destined to the reality of the need for antitrust regulation in the patent alliance. In recent years, the antitrust standard becomes countries flock hot. Points of their analysis is mainly concentrated into validity of the pool patent, the proper disclosure of the necessity and non-competitive, and permit reasonable and non-exclusive, patent information disclosed properly, tying licensing, as well as patent feedback, etc. At present, many countries in the world under have the antitrust laws patent Union norms. Legislation in this area being more mature is the United States, Japan, the European Union, other countries and Taiwan region. Our existing legislative Union regulation on patent law is very fragmented and there is no separate and specific norms, just made some indirect regulations restrict competition in patent pools. Per se rule and the rule of reason constitute a pair of principles of antitrust law, which also are the basic principles of the Union anti-monopoly regulation. In regulation at home and abroad patent Union legislation, you can start from the establishment of patent pools prior review of mechanisms, specific operating terms of the provisions of the patent pool royalty rate to improve my patent Union antitrust laws.