On Legal Protection Of Patent Alliance

In the era of knowledge economy, the world competition with the final analysis is thecompetition of intellectual property right, the patent alliance development plays an importantrole in the market competition, especially in the international market competition, and is alsobecoming more and more drawn attention of the society.Marked by the appearance of patent alliance of patent technology is from a single patentcompetition to the strategic competition with the characteristics of patent portfolio,which is aprofound reform in the field of intellectual property rights. The solo competition pattern from onecompany to a number of related companies combination, make patent technology competition isbecoming increasingly profound changes to determine the patent competition in the future marketdevelopment trend. Looking from the essence of the patent technology competition, patentalliance consists of closed and open two forms, both but defensive, but also offensive, can also isa type of attack and defense both ability and political integrity. Patent alliance betweenenterprises as the patented technology of the specific form of organization, has great vitality, canbe in a very short period to form the industrial competitive advantage, change the competitivelandscape, bring multiple value for alliance enterprises. To carrying out the legal protection ofthe patent alliance, promoting the development of patent alliance has important theoreticalsignificance and practical significance.At first,this thesis introduces the legal implications and formation background patentalliance. On this basis, this thesis discusses the patent alliance the formation of the content,organization structure and the function of patent alliance, especially in discussing the patentalliance of three licensing model, patent alliance with the legal relationship between interests andlegal risk, this thesis also discusses the patent law, anti-unfair competition law andanti-monopoly law in China and related in laws and regulations about the provisions of the patentalliance, even analyzes the operation mode of the patent league, legal security system, thedomestic patent alliance operation mode of legal research status, from two aspects: theoreticalbasis and practical need to demonstrate the importance of the legal regulating patent alliance,feasibility and necessity. This thesis through to the United States, Japan, the European Union andChina’s Taiwan and other countries and regions of the comparative study of union law regulatingpatent situation,which has analyzed our country patent alliance legal security system development present situation and existing problems, puts forward the patent alliance legalprotection system of the science of the overall idea, and from setting up the subject of patentsystem, strengthening the patent alliance benefit incentive protection system, standardizing thepatent alliance legal liability system, perfecting the patent alliance government supervision legalsystem of incentives and other aspects put forward a proposal for build a patent alliance legalprotection system.