Anti-Trust Regulation On Patent Pool

With the rapid development of science and technology, economic globalization trend is strengthened ceaselessly, the patent pool in the strategy of intellectual property right has become increasingly popular, high-tech industry is an important way of patent license. However, in recent years, abusing patent pool license, limit market competition, harm to the consumers rights and interests phenomenon fiercer, the patent pool of potential competition restriction negative effect surface, thus becoming the anti-monopoly regulation object. However, China’s relevant laws and regulations are not perfect," antitrust law" on its just some spiritual, principled provisions. The author hopes that this thesis is our patent pool antitrust regulation measures to provide a reference point, change the patent pool in China" defy laws human and divine" status, but also hope to China’s domestic enterprises to establish patent, patent pool league management provide a guide, to better participate in international market competition.This paper focuses on how to conducts of abuse of patent pool antitrust regulation of this problem, a total of seven chapters. The first chapter is on the purpose and significance of the topic, the literature review at home and abroad, the research methods and the possible innovation summary description. The second chapter is the patent pool’s basic situation and relationship with anti-monopoly law brief introduction. The third chapter is the patent pool monopoly behaviors of the detailed analysis, including the patent pool members within the cooperative relationship that could lead to monopoly behavior and Patent Pool License Agreement may lead to external monopoly behavior introduction. The fourth chapter is from the legislation and government regulation of these two aspects of China’s legal regulation on patent pool problems detailed analysis. The fifth chapter is on the international treaties and foreign legislative experience. The sixth chapter is the core of this article, from the legislation, government supervision, enterprise three aspects of China’s antitrust regulation of patent pool has offered the suggestion of perfecting. The seventh chapter is the conclusion.