Research On The Legal Environment Of Patent Pool In China

Patent pool now has become an intellectual Property Strategy which the foreign companies often use. Many international companies even limit the implementation of "Chinese standard" in the world by the formation of a patent pool. The DVD producers in China have been affected by the patent pool including "3C"and "6C"; telecommunications manufacturing and service industries are also faced with the choice of the3G platform. After China’s accession to the WTO, multinational companies have raised the knowledge property rights as "big stick" to do the rights litigation and constructed a variety of trade barriers on Chinese enterprises. It has been a seriously threatened to the international competitiveness of Chinese enterprises. It is visible that strengthen the research on the patent pool especially the legal environment of patent pool in China is significant to the economic development, legal construction and the enhancement of enterprises’international competitiveness. The establish and run of patent pool should be within the limits prescribed by law. The act itself is not illegal, but if there is a patent abuse problem in the run of patent pool, it will create monopoly and create an effect of restricting competition. And it will adversely affect the order of market competition. So we should encourage the establish and development of patent pool, in the same time we should prevent the abuse of patent rights and the create of monopoly. In this paper, on the basis of theoretical analysis of the basic theory of patent pool and the operating mechanism of patent pool. Then the thesis will do a comparative analysis of the legal environment of patent pool between China,other countries and regions. Finally the thesis will propose the regulations and policy recommendations to the mechanism of patent pool in our country in order to improve the legal environment of the mechanism of patent pool in our country.