The Legal Regulation Of Patent Troll From The Perspective Of Anti-trust Law

In recent years,the international patent litigation quantity is rising sharply,multinational companies involves into disputes frequently,this phenomenon is,to some extent,related to Patent Trolls.They niether create any new inventions,nor produce any new products,their whole income relies on large numbers of patent litigations.The harm of Patent Trolls is obvious,for their self-serving interests,they even challenge the base line of patent system,which causes immeasurable harm to the public interest meanwhile.This group has attracted much attention in foreign countries,a heated discussion has been launched among different sectors of the society,what counts more is that the government has actively introduced a variety of strategies for regulation.Instead of public law,prevailing international regulation strategies are private law or administrative means.However,it shows limitations regulating only with private law and administrative means.What needs to be stressed is that the current regulation effect is not that well.Due to the patent-misuse speciality of the Patent Troll,and the article 55 of our anti-trust law,it provides a possibility for Patent Troll regulation by public law.Setting about from the basic theories of the Patent Troll,this article tries to recommend the definition of the Patent Troll,meawhile,simply introduces the coping strategies all around the world,emphasizing the limitation of regulation only by private law and administrative means,which naturally leads to the necessity of regulation of public law;Then gives a law regulation analysis of Patent Troll under the framework of anti-trust law,indicating the aplicability of anti-trust law from the view of value pursuit of anti-trust law and the article 55 of anti-trust law,explains what is public interest and public interest under the framework of patent law,discusses the damages of Patent Troll,analyzes the patent-misuse speciality of Patent Troll;Further,follows the concrete analysis,introduces the the types of behavior in antitrust law and the types of patent misuse in anti-trust law from the view of Patent Troll;Finally,introduces the case of "huawei&IDC" and the case of "DVD",analyzes the possibility of the regulation of anti-trust law,analyzes the relationship between Patent Troll and monopoly behavior,and analyzes the blocks in front of the anti-trust law regulation of Patent Troll,from the rationality of Patent Troll and the linking of Patent Troll behavior and monopoly behavior,drawing a conclusion that Patent Troll behavior is not necessarily regulated by anti-trust law.The first part of this article sets about from the related basic theory of Patent Troll,it introduces the definition of Patent Troll,and gives a brief introduction of the international strategy to Patent Troll,analyses the types worldwide,stresses there is a limitation of regulation only by private law and administrative means,which naturally leads to the necessity of regulation of public law.The second part gives a law regulation analysis of Patent Troll under the framework of anti-trust law.First,it indicates the aplicability of anti-trust law from the view of value pursuit of anti-trust law and the article 55 of anti-trust law;Second,it explains what is public interest and public interest under the framework patent law;Finally,it analyses the patent misuse property of Patent Troll,indicating that validity and invalidity of the Patent Troll behavior,concluding that patent misuse behaviors does not necessarily be confined by anti-trust law.The third part follows the concrete analysis,introduces the the types of behavior in antitrust law and the types of patent misuse in antitrust law from the view of Patent Troll.The fourth part lays two cases for analyzing,begining from introducing the case of "huawei&IDC" and the case of "DVD",analyzes the possibility of the regulation of anti-trust law,analyzes the relationship between Patent Troll and monopoly behavior,and analyzes the blocks in the way of the anti-trust law regulation of Patent Troll,from the rationality of Patent Troll and the linking of Patent Troll behavir and monopoly behavior,drawing a conclusion that Patent Troll behavior is not necessarily regulated by anti-trust law.