The Regulation On The Abuse Of Patent Right By The Antitrust Law

The main purpose of the "Patent Law" was promulgated in the market to stimulateeconomic development, encourage scientific and technological innovation. To some extent,Patent law endue the patentee have exclusive monopoly rights on the market.However, whenthe patentee exercise this right, if they are beyond the scope of the exercise of the legitimaterights of the patent, and undermine normal market economy competition order, constitute"patent misuse", then these need relevant laws to regulate.The purpose of the "Antitrust Law” is to ensure the orderly development of the marketeconomy, competition and prevent monopoly. To the legislative purpose, both the "PatentLaw" and "anti-monopoly law" have the same original intention. So through the"anti-monopoly" patent abuse regulations to prevent abuse of the rights of the patent holderhas the necessity and feasibility of Huawei v. United States, IDC monopoly case are amanifestation of this.To elements patent abuse, we can refer criminal law criteria crime. They are divided intosubject, object, subjective and objective aspects. The subject is exercising its right to thepatent holder and the object is right or interest of others, national or social subjective aspect isthe right person intentionally or negligently, the objective is to have the respect or prejudicethe rights or harm the interests of others behavior. Patent misuse refused permission for thebehavior of specific performance, tying, price discrimination and predatory pricing; packagelicensing, overpricing, patents do not perpetrate acts and so on.On the patent system in the field of antitrust law, the United States and the EuropeanUnion has earlier research and developed perfectly. While Japan despite a late start, itsparticularity in accordance with their own economic system, a large extension of the U.S. andEU lead institution, and base on this way to use draconian measures. Modify and improve thepatent relates to China’s "anti-monopoly" system, we are great effort from three aspects: Fistimprove and refine China’s "anti-monopoly law," the process of exercising the right toprovide a legal basis for human rights; Second, the establishment of an independent judiciaryand law enforcement, improve judicial efficiency, enhance justice and ensure the timelyimplementation of the relevant legal referees results; Third, clear accountability mechanisms,will direct accountability to the people, to increase the responsibility of punishment,deterrence of offenders, who make up a relatively loss.