The Legal Response Of Non-Practicing Entity

Along with the progress of the patented technology, the law for the protection of the patent right is increasing. Gradually, a worldwide organization called non-practicing entity(NPE) emerge as the times require. This organizations have a large number of patent technology but do not use the patented products or provide some services with it. One of the main function of it is to make profit from patent litigation and patent licensing. This operation mode have great influence on the development of social economic and the updating of the patented technology. So, it is necessity for us to fully analyze the NPE.This thesis firstly analyzes the characteristics and business model of the NPE.Then, the author studies and summarize the measures to regulate the entities abroad.Lastly, it provides some countermeasures and suggestions on legal regulation of NPE at home. The first part of this thesis introduces the background information of and significance of NPE, and summarize the current situation of NPE based on the large number of literature information at home and abroad. The main body of this thesis indicates this regulation problems form three levels. First, it explains some related concepts of NPE. The author divided NPE into several types based on the explanation of the Patent Troll?PAE and NPE. From the perspective of the different business mode, the NPE can be divided into patent agencies, patent litigation and patent insurance mode. Based on the different choice of the patent, it can be divided into low cost patent portfolio and combination of patent differentiation. Secondly it analyzes the different operation mode of NPE. And then make a conclusion about the positive and negative influence that the litigation and compulsory of the NPE exercise on market environment and market subjects. The last three chapters indicate some measures to reply NPE abroad, the current situation and problems about the development of patent at home, and the establishment on legal regulation of NPE at home. The researches about legal regulation abroad can be divided into the studies of developed countries and that of developing countries. Since China carried out reform and open policy, the economy in our country has been maintained a high-speed growth. China has transforming into developed country, so the measures of legal regulation in the United States, Europe and other developed countries can be used for reference. After analyzing the development of patent at home, the current situation of regulation that anti-monopoly law exercise on the NPE. This thesis provides someestablishments about the limitation that anti-monopoly law exercise on the NPE. The author puts forward some exceptions about the development of the NPE in the epilogue. The NPE has pros and cons, but it is necessary and feasible to make most use of the positive effects that NPE can improve the technological innovation of the patent.