Antitrust Regulation On Patent Licensing

In early2002, after China’s accession to the WTO,DVD intellectual propertycase once attracted extensive attention, with the China Audio Industry Association and6C,3C concludeing the negotiations, the controversy has been settled. However, thesituation encountered by the DVD industry in China has not been improved. In2004,Wuxi multimedia limited and East linited company of digital of science andtechnology. take the initiative to4C Alliance in the United States and accused itsexcessive patent licensing fees in violation of U.S. anti-trust lawsuit.But the courtdid’t formal accepted the case, in addition to U.S. law, the defects of our system is oneimportant reason. With the development of knowledge economy,the patentedtechnology has become a key factor of economic development of countries, the patentprotection system is an important system to promote social progress and to protect theinterests of right holders.It plays an important role in encouraging the people ofinnovation and making scientific and technical service the human society. Throughoutthe national legislation, without exception, to be the legitimate monopoly of the patent,this will inevitably lead the exercise of patent rights to be towards the potential forabuse, while the use of the patent license to implement monopolistic behavior is thefavorite way of the patentee. Through legitimate patent licensing methods, rightholders conceal their nature of the exclusive market, this seriously affects the marketeconomic order, and hinders the development of technology, so patent licensingantitrust regulation is particularly important. China is in a critical period of innovationand how to protect domestic enterprises, national enterprises, improve the ability toinnovate, fight for the right to speak in international trade, become the standard-setter,regulating use of patent licensing to the implementation of monopoly behavior iscritical.In this paper, the author find that they have comprehensive legislation systemand a clear definition of the monopolistic behavior of the patent license after knowingabout the regulation of international and foreign legislation on patent licensingmonopolistic behavior. It is clear that3Calliance ‘s several acts had a seriousimpact on the order of market competition in the DVD case, have been suspected ofviolating antitrust law, but China’s enterprises in the the circumstances of not fullyunderstanding of the patent licensing antitrust regulation, faced with similar cases and could’t protect their own interests. In view of this,on the basis of previous studies, theauthor intends to sort out the controversy caused by the DVD, and combines with theforeign antitrust regulation,makes a comprehensive and systematic identification andevaluation of the patent license behavior of the case. Also awareing of our lackof antitrust regulation of patent licensing through the study of comparative law,then by the depth analysis of the case, combined with our current situation,makes afew comments on the improvement of China’s anti-monopoly regulation.The paper is divided into five parts,the first part briefly introduces the process ofDVD case and summed up the focus of controversy and last practice of court, thus,leads to the theme of this research,then sorts out the relationship betweet anti-trust andpatent licensing. The second part overviews antitrust Regulation legislation of patentlicensing of international organizations, the United States and Japan, then lays thefoundation and has an importan reference on improving China’s anti-monopolyregulation.The third part on the bases of the summary of foreign legislative provisions,and with the standards, classifications of monopolistic behavior of the patentlicense,and conduct the comprehensive identification of main monopolistic behaviorof the DVD cases——refusal to license,unreasonable licensing and patent pools. Thispart is also the focus of this article and has an important reference when China facingsimilar cases. The third part analyses the current status of the antitrust regulation ofpatent licensing and defects, combines with China’s actual situation, takes someadvices on our patent licensing antitrust,mainly learns from foreign practices andimproves inboth antitrust and patent law.The last is a summary of the full text.