Research On The Patent Rights Abuse In The Patent Pool

As the position of the knowledge economy improved in the global economic system, patent pool as a prevalent way of global technology trade is gradually being familiar to us, however, followed by patent pool licensing with a wide range of rights abuse problems. In the process of this “battle of the patent”, China’s enterprises are often placed at a disadvantage, often encounter unfair treatment. Strengthen the power of research and the regulation of the abuse appears imminent.In this article, I take the league of“the patentee of MPEG-2patent pool v. Haier group patent infringement” as the breakthrough point, which leads to disputes focus on the development of technical standards for patents and illegal monopolistic alliance to analyze the existenceof the application of a patent for the patent pool, whether the alleged "water fish farming " strategy analysis technical standards and application of patent pool problem whether there is any illegal monopoly on analysis. Summed up a lot of abuse of rights of patent pool, analyzes the reasons of our country enterprise frequently prosecuted. At last, through combing the domestic and foreign related legal power abuse regulation for patent pool, combined with actual situation existing in our country, the enforcement mechanism to regulate the abuse of patent rights, and put forward suggestions.This article is divided into four parts:The first part of content mainly formulates“the patentee of MPEG-2patent pool v. Haier group infringement dispute” as the breakthrough point, which leads to the focus of controversy in the case, which is the nature of the patented technology standard in the league and in the form of abuse of patent rights.The second part summarizes the definition, characteristics and the main form of patentpool, and explains the formation of technical standards, as well as the introduction of technology standard function and influence on the patent pool, after analyzing the pros and cons of standardization of patent pool. Then, based on the connotation and essence of abuse of patent rights to make analysis, summarizes the patent rights abuse existing in the united concrete, performance type mainly has refused to license, price monopoly, tying behavior, the“water fish”strategy terms, restrict competition, exclusive feedback terms, related to the technical standards and the monopolistic behavior, which are the problems need to be solved in this article. The third part emphasizes the necessity of regulating abuse of patent pool, then contrast research for the European Union， the United States and Japan legal regulation on patent abuse in patent pool, combing the current legal system for regulation of power abuse, by public law and private law relief to the problem of patent abuse in the league.Based on the above analysis, the fourth part solves the dispute focus on the case the following conclusions: first of all, MPEG-2technology standards promulgated by the patent in the league, there is no illegal monopoly.Secondly, the patentee of MPEG-2patent pool for the prosecution behavior of companies in China belong to the patent abuse with the” water fish” strategy, shall be regulated. Finally, I combine with the present situation of using patent pool in China, enforcement mechanism to regulate the abuse of patent rights, and put forward suggestions and discussion from the angle of diversified.