Anti-monopoly Regulation Of Patent Abuse In China

In the world economic development background, the international market competition is gradually fierce. Intellectual property right especially patent rights in economic development plays a role can not be ignored. Many domestic and foreign Large Firm in order to occupy a space for one person in the fierce market competition, the competition means put on the abuse of the patent rights to the patent right, in practical use has led to a series of problems do not conform to the law. In order to maintain the normal market competition order, safeguard market main body to be free, fair trade, we must use the "anti-monopoly law" to regulate the abuse of patent right behavior."Anti-monopoly law" and the role of the patent right unfair caused exercise problems is the existence of contradictions, therefore,"anti-monopoly law" the abuse of patent right in the control and other related legal comparison has the obvious advantage, deal with problems more authoritative, force is more powerful. From the experience of other countries we can also see the "anti-monopoly law" to control the abuse of patent right has made a good effect. Therefore, to control patent rights abuse from the "anti-monopoly law" point of view will lead to market monopoly, establish the corresponding antitrust laws and regulations is very necessary.Based on the above situation, this thesis of how to use the "anti-monopoly law" to control the abuse of patent right as the research subject, from the abuse of patent right which is a basic concept, to the "anti-monopoly law" as the legal basis for the main and related research, at the same time take the empirical study method, comparative study method method, introduced the system of performance of the abuse of patent rights abuse and its harm, necessity of "anti-monopoly law" regulation of the abuse of patent right at the same time, analysis of China’s "anti-monopoly law" the regulation of patent abuse in some major problems. Through the comparison and reference experience of the United States, Japan and the European Union and other countries in the anti-monopoly regulation of patent practice, combined with China’s actual situation, proposed how to improve the patent misuse regulation method, early prevention abuse phenomenon, and the specific law enforcement should be used in the practical and operable countermeasures. Through this study, the formation of a patent to protect not only, and when the abuse of patent monopoly, reasonable use of "basic argument of anti-monopoly law" to control the abuse of patent rights. In order to make a more reasonable and scientific anti-monopoly law regulation, the royalty norms and orderly, to promote the steady development of China’s intellectual property economy, maintain the normal order of market operation.