Research On Anti-trust Regulation Of Patent Pool

With the rapid development of social economy, human has entered the era ofknowledge economy. In the knowledge economy era, the patent system to promote theeconomic development and protection of knowledge innovation has a vital role. Patentpool is along with the economic development of one of the patent system. Although inforeign, the patent pool has a history of more than150years, but the concern andattention in our country began in2002, from the DVD case. Multinational companiesput on the justice of the mask, flaunting the banner of "the exercise of intellectualproperty rights", forming the patent pool to implement the "package licensing", askingfor our DVD production enterprises for the patent of high license fees, crackdown andcrowd out them, let our DVD production enterprises loses to pieces in the war of nogunpowder smoke. How to avoid similar situation happen again? Seekingcountermeasures actively is the only way out. Although the anti-monopoly law hadpromulgated in our country in2007, but there is no law can regulate patent pool ofillegal monopoly problem. This paper hope through to the patent pool related theories,draw lessons from foreign advanced experience, combined with the actual situation inour country, proposing some advices about the patent pool antitrust regulation system inChina.This article except introduction and conclusion, the text is divided into four parts:The first part is overview of patent pool. This part firstly introduces the concept ofthe patent pool, including the origin of the word "patent pool" and the connotation,secondly according to different classification criteria for the classification of patent poolis expounded, finally analysis nature of the patents in the patent pool. The purpose ofthis part is the foundation for the full text researching, laying the theoretical foundation.The second part introduces the competitiveness of patent pool. This part mainlyanalysis different situations of patent pool to promoting and inhibition competitionin-depth, then explain the relationship between the patent pool and the anti-monopolylaw. From the patent pool has congenital monopoly as a breakthrough point, analysis theneed for antitrust regulation of patent pool.The third part is the comparative study of patent pool antitrust regulation in foreign.Firstly, this part from patent pool development in the United States as the main line, doresearching and discussion in detail of antitrust regulation on patent pool of the United States in different periods. Secondly, introduce the advanced concepts and experience ofantitrust regulation on patent pool of the European Union and Japan.The fourth part is patent pool antitrust regulation status quo and countermeasuresin our country. Firstly, elaborating patent pool status quo in our country and informationof AVS patent pool briefly. Secondly, from the specific provisions of the laws andregulations introduced the present situation of our patent pool antitrust regulation, andthen summarize the missing of our country patent pool antitrust regulation. Finally putforward improvement suggestions on this basis. The key of this part is suggestions onantitrust regulation to our country patent pool, including three sides. First, forming thebasic principle and the strategic target of the antitrust legislation in patent pool; second,formulating patent pool antitrust guidelines; third, formulating the antitrust laws inpatent pool.