The Regulation Of Antitrust Law Of Patent-Rights Abused

With the further development of knowledge economy, the patent system has become a powerful weapon of participants who wants to improve competitiveness in the relevant market. But many monopolies by patent abuse has become. Such as Qualcomm monopoly, which is a typical case of standard essential patents abused. The Patent Law is difficult to regulate such market-disrupt monopolies by abuses patent right, therefore, the Antitrust Law has be needed. Patent right has characteristics of monopoly which should be protected by some laws, but such characteristic is also a limitation of rules and regulation. For these reasons, this paper will distinguish between legitimate exercise of patent rights and monopolies, at first. Second, this paper will also introduce "Three-step Analytical Method", which is a way to determination of monopoly. Finally, this paper will analyze Chinese Antitrust Law’s defect of patent right abused regulation, and provide countermeasures.This paper includes six chapters. First of all, it will be an introduction, which describe the status and problems of China’s economic development, and introduce the monopoly case of Qualcomm, leads to the following. The first chapter is an outline of patent-rights abused. The second chapter is a theoretical representation, including relationship between patent-rights abused and monopoly, and feasibility and necessity of patent-rights abused regulate by the Antitrust Law. The third chapter is an analysis process of confirm monopoly, which the author called "Three-step Analytical Method ". The fourth chapter expect to find a suitable methods to improve Chinese Antitrust Laws by study foreign relevant judicial. The fifth chapter expound the defect of Chinese Antitrust Law regulate patent-rights abused, which mainly reflects on lack of concept explanation and liability shortage. The sixth chapter corresponds with the previous section, provide some countermeasures against defects. In the end of this paper, the author summarized all her views, hope to provide some new thinking ways about related research of the Antitrust Law regulate patent-rights abused.