Legal Regulation Of The Abuse Of Patent Right

A patent is a legal monopoly law which is given the patent holder, patent technology is becomingmore and more important and play a important role of social and economic,it is vital to the success of anenterprise, in order to pursue greater interests, patents can easily be abused. Especially in patent inventiontechnology occupy a vital position in the enterprise sustainable development, both in domestic andinternational,enterprise pursue its own development and often abuse of patent right so that the behaviorlead to belt of the adverse impact for the social and economic development. Therefore, the legal regulationof the abuse of patent right has become a major issue for the people.Since China join in the WTO, multinational companies launched a intellectual property trade war forChina.According to their own patent law, multinational enterprises hit positively Chinese companies forprotecting their interests. With the rapid development of science and technology, multinational enterpriseholds the more and more high and new technology, China lags far behind foreign in terms of coretechnologies. If China insisted on high standards of protection of intellectual property rights,and ignoreChina’s national conditions and the regulation of the abuse of patent right, just for some multinationalsblock China’s enterprise technical development and product development and production provides theopportunity and condition. So, under the background of globalization,, China need to combine withChina’s reality of law and safeguard our country’s national enterprises and the interests of Chineseenterprises in overseas, which is necessary to our country’s legal regulation of the abuse of patent right.Strengthening to our country the study of the theory of the legal regulation of the abuse of patent right inorder to our country’s legislative practice provide meaningful guidance.The first part of this article expounds the basic problems of the abuse of patent right：t the concept ofhe patent right abuse, constitutive requirements and the specific forms of expression; The second partexpounds the necessity of legal regulation of the patent right abuse, the nature of the patent right, theprinciple of right abuse and public interest are discussed in three aspects; The third part expounds theUnited States, the European Union and Japan’s regulation of patent abuse of legislative practice, and further carries on the comparison to the practice of the three countries, by induction, for our reference; The fourthpart expounds the legal regulation of patent abuse in China and the defects of the antitrust laws,this partmake a detailed instructions. The fifth part puts forward the perfection of regulation of the patent rightabuse. Publishing the code of intellectual property rights, perfecting the "anti-monopoly law", establishingthe binary system of anti-monopoly law and patent law are contained in this part. Elaborating theantimonopoly law about the regulation of the abuse of patent right,,at the same time,we should drawlessons of the legislative practice from American, for example, developing antitrust guide of the intellectualproperty; Combining with the judicial practice of China’s anti-monopoly law, the court publish relevantjudicial interpretation; The State Council can pass detailed rules for the implementation and managementto enhance the operability. The background of big department system reform, the regulation of specific lawenforcement agencies regulate the abuse of patent right and improve the situation of more law enforcementdepartments and improve the efficiency of administrative management. Antitrust law and patent law playrole to regulate the abuse of patent right, the two laws cooperatively and division of labor cooperationpromote the development of free trade and free flow of goods to ensure the orderly development of themarket. The last part is the core of this article.