Antitrust Regulation For Clean Energy Technology Patent Pools

In recent years, the situation of fog and haze weather appeared frequently in the eastern area of China. The smoggy weather has a tremendous impact on people’s health, production economy and environment. And further to reflects the urgency to solve the problem of air pollution and environment protection. In our country under the background of low-carbon economy development, technology of clean energy and its innovation is a good way to solve environmental problems. The development of green energy will drive the economy forward steadily, more and more enterprises join in the clean energy industry, thereby increasing the competition in the relevant technological innovation. One the one hand, intellectual property, especially patents will protect the clean energy technologies and incentives, but in the other hand, it may become barriers for sharing innovative technology. Therefore, to organize the clean energy technology patent pool is so important. It will balance their competitiveness so that the social and economic benefits are unified, we need to build a more complete law system and measures to solve the problems of complex clean energy technology’s development and application, thus to save energy, protect the environment, maintain public interests.Many domestic and foreign experts may lead to the detailed research on the issue of monopoly patent pool, but in the field of clean energy, there only few study materials. This article attempts through to the particularity of clean energy technology, discuss the antitrust regulation for patent regulation or exemption, so as to analysis the corresponding countermeasures. The basic idea and logic structure as follows:The first chapter is about the theory on clean energy technology and patent pool. Firstly, the contents is the meaning and characteristic of clean energy, present situation of China, the importance of developing clean energy technology; Secondly, the article analysis the conception, character and monopoly of clean energy technology and patent pool. By the means of the basic concepts and functions, highlight the universality and complexity of clean energy technologies, as well as patent pool has the possibility of monopoly.The second chapter is an important chapter, the concept and present situation of clean energy technology patent pool form the start, analyzes its competitiveness: positive aspects of promoting competition of and negative aspects of limiting competition. The second part of this chapter includes three aspects, the content of the basic idea of anti-monopoly law regulating patent pool, the reason of clean energy for the exemption and on the value of consistency for patent pool with antimonopoly law. To point out the necessity for antitrust regulation of clean energy technology patent pool. Finally, the article put forward the importance of refining system of intellectual property antitrust.The third chapter is based on the analysis of the existing legal system in our country and draw lessons from the related system of Europe, the United States and Japan. The article attempt to put forward to develop the “abuse of intellectual property antitrust regulation guide”, reflect regulation clean energy technology patent monopoly alliance rules, and from the government level as well as the perspective of clean energy technology patent pool itself, construct a more comprehensive system of rules and programmatic responses, including the establishment of clean energy technology patent pool of public information service platform for innovation and market supervision, the international patent applications, patents, reasonable fees of foreign licensing in patent pool.