Antitrust Regulation Of Patent Pool

At the outset,the appearance of patent has the unique characteristics that contains the natural monopoly attribute. Along with increased technical exchanges, patent pool focus much on solving the technical barriers arising by the ‘joint', Which making patent pools and monopoly along with each other. At the same time, as the international technology competition getting increasingly fierce,the only competitors still exist in this market,often those multinational enterprises who have mastered the core standards based on patent pool. In order to obtain huge monopoly profits, they set technical standards as big barriers to realize the protection of national, regional technical interests. In close conjunction with the technical standards of patent pool can bring extraordinary economic benefits, but because the two represent different values, the existence of the patent pool will get in the way of technical standards. As a consequence, the nature of private rights characteristic of patent rights often cause rights abuses, which is another major issue discussed in this article. I borrow some domestic and foreign famous case of technical standards and patents in the implementation phase, and the performance of the respective conflicts were discussed. In conclusion, antitrust problem existing in technical standards is abuse of patent. At the same time, I argue that the adjustment can be achieved by the antitrust laws as well as contract law and patent law corresponding perfect combination of technology and standardization under WTO legal framework. That leads to achieve the patent pool antitrust regulation of top-level design. In addition, it also need to strengthen technical standardization patent pool legal regulations, supervise all aspects of technical standardization. Finally, the refinement of antitrust enforcement procedures and a clear antitrust penalties are of great importance.This dissertation is divided into five parts, the first part of the technical standards outlined from the start, following the introduction of the concept of technical standards and classifications. While clearly providing the basic concepts and forms of patent pools and technology integration standard patent pool, those all lead to further problems under the technical standardization premise of the patent pool license. The second part explains the technical standardization abuse problem under the premise of the patent rights in the pool, combined with the overview of the technical standards and patents in the first part. The following elaborates malpractice after binding patent pools and technical standards together. The third part of the basis of the previous two parts, starting from the perspective of a typical case of a conflict in conjunction with the patent process due to the technical standards of both representatives of different values and produced, and discusses the different countries and regions coping mechanisms for conflict.The fourth part is a discussion of the analysis solution and the need for standardization of technical regulations under the perspective of conflict of technical standardization and patents. Whether it is the power or right, it will against the original purpose if lose constraints and control. Meanwhile, when affirm the rationality of the patent system, we should also consider their own legitimate right whether there is the possibility of abuse, on this basis, the author focuses on antitrust regulation proposed measures on patent abuse.