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The Regulation Of Patent Abuse Behavior Of Anti-monopoly Law

Posted on:2017-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y GaoFull Text:PDF
GTID:2296330485463340Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Nowadays, with the increasingly fierce international competition, intellectual property rights in the industrial structure of a country play an important role. Some international enterprises win a place in the world market by the rights of intellectual property. Patent rights improve the competitiveness of enterprises, but how to use patent rights obtain economic benefits is a problem faced by every country. In order to maintain the normal order of market economy and make sure the safeguard market has a free and fair trading environments, Anti-monopoly law has its own advantages. Patent right is granted by law and it’s also a kind of monopoly rights. The abuse of patent monopoly may destroy the competition environment and the market order. So the abuse of patent behaviors should be regulated by the Anti-monopoly Law. Therefore, it is necessary to establish a perfect Anti-monopoly Law regulation system of the abuse of patent rights.During the anti-monopoly law enforcement period, in the end of 2015, the National Development and Reform Commission made the decision of administrative punishment of Qualcomm’s abuse of patent behaviors. The punishment is very meaningful to the enforcement of the abuse of patent. But our country’s Anti-monopoly law system is not perfecting enough, and the regulations of the abuse of patent rights are limited to the principle of the Anti-monopoly law, it’s not strengthening and perfecting.In order to make the anti-monopoly legal regulation more reasonable and scientific, the thesis starts from the basic concept of abuse of rights, and depicts the existing law which regulates the behaviors of the abuse of patent of our country. The thesis adopts empirical research method, comparative analysis method and introduces the harm the behavior of abuse of patent rights systematically. With an analysis of the existing legal system of our country, and cites for patent abuse of monopolistic behaviors, the shortcomings of the current law of our country are summarized, and the experience of foreign legislation should be referenced. The thesis is looking forward to improve law enforcement agencies and the other related regulations.
Keywords/Search Tags:patent right, anti-monopoly law, monopolistic behavior, market competition
PDF Full Text Request
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