The Perfection Of The Legal System Of The Patent Pool In China

At the beginning of 2002, the foreign DVD patent pool to domestic manufacturers to levy high patent licensing fees to our DVD mechanism caused huge impact, so that domestic enterprises for the first time to understand the patent pool and its powerful power. The patent pool will help to clear up all kinds of patent barriers arising from cross licensing, and accelerate the development and application of patent technology, promote the formation of patent technology standardization, reduce patent disputes and reduce the cost of patent licensing and patent litigation. The patent pool has become a new form of organization in the world. It is a new strategic tool in the world. May 8,2015 "China made 2025" planning by the State Council formulated, the plan put forward the implementation of manufacturing power, strengthen the use of intellectual property. Support and encourage Chinese enterprises to set up the intellectual property alliance to promote their mutual intellectual property rights of the cooperative use and cross-border licensing. In this paper, through the research on the formation and operation of the typical patent pool in China, this paper analyzes and points out the shortcomings of the current legal system of China, and makes a comparative analysis of the relevant legal systems of the United States, the European Union and Japan. And then put forward the suggestion of perfecting the legal system of patent pool in China. This paper is divided into five parts:Part 1 mainly introduces the basic concept of the patent pool, the role of the pharmaceutical patent pool on the development of the pharmaceutical industry and the problems in the system.Part 2 study the operation status of the typical patent pool in China, mainly from three aspects:the background of its formation, the operation mode and the operation effect.Part 3 the legal system of our country’s current law system is analyzed, and the problems are pointed out.Part 4 makes a comparative analysis on the USA, European Union and Japan related legal system of patent pool, which is worthy of reference fillingPart 5 is put forward from the formation, operation and regulation of patent pool monopoly to establish and perfect suggestions for China’s legal system of patent pool...