Against Foreign Technology Company Patent Misuse

This paper using antitrust investigation which against foreign technology company as a starting point to find out the problem in using legal regulation, there are briefs of each next five part:The first part introduces several foreign technology company involving patent misuse cases, at the same time, to compare and summarize the similarities and the connection of them.Part Ⅱ highlights the particular Qualcomm case to introduce the current status of foreign technology company patent misuse. Starting from the market share, then shows the way that how Qualcomm dominant the market in China; After that, use the Qualcomm case to give an example:what is the behavior that foreign technology company patent misuse going to be, and the problems caused by it; then, analyzed the current status of foreign technology company patent misuse, figure out the solution under the current status, and summarizes the basic characteristics and the causes of the problem, helps to find ways to solve it.Part Ⅲ describes the constituent requirements of foreign technology company patent misuse:starting from the definition of patent misuse, using the origin and the development to put forward the subject elements, object elements of patent misuse, subjective important document and objective important document of this event. In order to define whether any specific acts constitute patent misuse, and also proposed the point of view that patent misuse is hurting the public interest.Part Ⅳ focuses on the difficult position of a foreign related patent misuse, especially the problems when it comes to solve a foreign related patent misuse case with China’s current legal regulations. Respectively, from two aspects:First, summary the China’s current legal regulations, and lists legal application in current law; second is the problems when using a current law to solve a foreign related patent misuse case. Cooperate with other real-world cases happened in China, to analyze the advantages and disadvantages of the present laws. Those existing problems leads to that the present laws and regulations are not sufficient to solved problems and very much needs to improve.Part Ⅴ discusses how to improve the policy of foreign-related patent misuse cases. Firstly, after strengthened the legal liability, and increased the cost of breaking the law, we could be able to use the antitrust law to become a very useful way to fight against it, at the same time combining administrative and civil means of relief. Then, with the mode which combine establishment of Civil Procedure in antitrust law and the power of coercive force of the state, it could be satisfied to solve the foreign-related patent misuse problems.