| Since Chinese joined WTO, large multinational companies continue to use the patent monopoly market advantage, restrict competition behavior of local enterprises have posed a serious threat to the survival and development. To further deepen trade cooperation between countries in the era of advanced science and technology in the competition advantage of more and more, which leads to some patent rights people choose to abuse their rights in their own interests. According to the method of identification of the abuse of rights in civil law, the abuse of patent right by means of unfair explanation for the obligee to exercise the exclusive rights, and has exceeded the scope permitted by law, causing damage to others or the public interest The actual consequences of harm.The same with the ordinary civil rights, the patent right is legal, so the subject of rights all must strictly abide by the laws and regulations of the delineation of the scope of the right, do not touch, in the exercise of the right to break the boundaries. However, objectively speaking, no matter what is right, as long as it is, there will exist abuse at the same time. Because of the behavior will be controlled by all kinds of subjective interests, let more abuse become possible.This paper is divided into four parts. The first chapter is the concrete manifestation of the abuse of patent rights is analyzed; the second chapter is the study of the status of legal regulation of the abuse of patent rights in China, to find out China’s patent abuse regulation system existing problems and defects; the third chapter is the investigation for the United States, the European Community and Japan advanced in order to improve the regulation system for our country’s regulation system for reference; the fourth chapter is from the present defects of the existing regulation system of the foreign advanced regulation system, based on the situation of now for China legal system improvement suggestions. |
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