Regulation On Patent Pool By Anti-monopoly Law

Patent pool is a market response to the phenomenon of "patent thickets" toreduce the license fee superimposed, to reduce infringement litigation risks and costs,remove barriers to patents and other positive significance, but it may also be the resultof illegal restriction of competition in the relevant market. Patentee in patent exercise,if contrary to the purpose or spirit of the franchise created social improperlyundermines or is likely to damage the interests of others or the public interest,constitutes abuse of the patent beyond the patent, when this abuse the right toreasonable limits of the restrictions on competition constitutes an illegal monopoly,balance patent protection and maintenance of free competition, the AML there thisregulation is necessary.Legal Regulation on patent pools, China’s "anti-monopoly law," the provisions ofabstraction, generalization. China’s "Contract Law","Foreign Trade Law","Technology Import and Export Ordinance, with the sex of the implementation ofsome types of technology licensing or transfer of license restrictions enumeratedprovisions, but on the one hand, these laws regulations flawed each other can not bebetter coordination. Thus, on the whole, of Regulation Patent Union antitrustlegislation is still not perfect, are not well adapt to the needs of antitrust regulations ofpatent alliance monopolistic behavior.Patent pool antitrust regulation, not only have a judicial practical experience andtheoretical research in the United States and the European Union, as well as a morecomprehensive anti-monopoly legislation. Antitrust legislation, the basicanti-monopoly law, antitrust authorities in the United States and the European Unionalso issued a patent license antitrust laws apply to guide or regulations. The front ofthe practice, the legislative model can solve the abstract how the antitrust laws applyto specific patent alliance licensing issues. In view of the China antitrust lack oflegislation, in order to better play the regulation of the anti-monopoly law on patentsUnion, China should learn from the United States and the European Union legislativemodel to determine antitrust review standards, in order to ensure free competition on the domestic market order.