Legal Questions Research Of Patent Misuse

Patent plays an important role in foreign trade activities because of its technology and information promoting power and great social public interest increasing value. In the opposite side, it also breeds the misuse of patent rights, which seriously limits benign competition and prevents technical transmission. The patent system in China started late. The construction of patent misuse regulation is also quite weak, which cannot cope with the increasingly frequent patent misuse disputes on our society. Because of this, this paper wants to summarize the problems of our patent misuse regulation and puts forward some own legislative suggestions after a discussion of the origins and form of patent misuse. In this process, the latest case, Qualcomm antitrust case will be analyzed and also, the contrast between international law and developed countries will be done as well. The purpose of this study was to help the building of the regulation of patent misuse system in out country and make this system workable finally.This paper mainly divided into four parts:the first part start with a discussion of “abuse of right doctrine” in the civil law, and then by tracing the origin of the “abuse of monopoly” in the UK and the “misuse doctrine” in the US, to definition of patent misuse. The second part studies the basic form of patent misuse by the Qualcomm case. Patent misuse can be divided into patent permission misuse and patent relief right misuse. Different misuse form leads varies effect in realistic society and there are some famous cases will be used to support my conclusion,which includes Huawei vs. IDC and GM vs. Chery. What’ more, the third part talks about the dangers of patent misuse. Regular the patent misuse helps to achieve interest balance doctrine and the goal of patent policy. In the international part, “AgreementonTrade‐relatedAspectsofIntellectualPropertyRights”byWTOandotherrulesbytheWorldIntellectualOrganizationplayanimportantroleintheregulationofpatentmisuse.Inthe domestic part, the United States and the European Union all have mature patent misuseexperience to be reference. Last, the forth part summarizes the defect of the patent misuseregulation legal system in our country after a comparison with the United Stares and theEuropeanUnion.Attheendofthepaper,theauthorwillputsforwardasetoflegaladviceaboutthepatentmisuseregulationofourcountry.The innovation of this paper is a detailed analysis of the Qualcomm antitrust case, which related to serious patent misuse problems. At present, Antitrust Guidelines for the Licensing of Intellectual Property of China is in the air. Our country should pay more attention to build a benign cooperation between antitrust law and intellectual property law, especially the patent law in order to regular patent misuse. Only by this way can we ensure a long-range individual and social justice in our country.