The Theory Of Legal Regulation Of Patent Troll In China

Patent Troll rise in American Firstly,Which disturbed American society seriously.The concept of Patent Troll is that some individuals or corporations buy many patents from bankruptcy companies and individuals,take the patent as a weapon for patent infringement litigation or getting patent licensees fee.It is worth noting that Patent Troll have appeared in China recent years, high and new technology enterprises such as huawei、zhongxing,which suffered the sue of patent infringement.Therefore,We must maintain sharp vigilance and take some measures to deal with Patent Troll.At present,the legal regulation on Patent Troll in china show mostly in Patent Law 、 Antitrust Law 、 Contract Law and so on.However,these areas can not form a whole and unify system,many legal provisions is lake of maneuverability.Therefore,it is important to structure the legal system on Patent Troll.American have taken measures at various aspects such as legislation,administrative and judicial,Japan and Korea’s government have taken steps to attack Patent Troll. Now,given that,this paper study legal theory involving in Patent Troll firstly,use the experience of other countries for reference secondly.At last, the author will table some legal proposals combining with our country’s conditions.