Research On The Legal Regulation Of Patent Abuse In China

The patent right is refers to the administrative department awarded to the applicant for a patent for invention or in a certain period of time have exclusive rights to their inventions,is also the legal monopoly of law gives the patent holder.With the development of economic globalization and the advent of the era of knowledge economy,patent important in economic development,market competition becoming more,become an important factor in the enterprise development can not be neglected,also become an important means of intellectual property rights trade countries and.Characteristics,such as patents have a monopoly,exclusive patentee exclusive or exclusive rights of patent technology,anyone without permission from the patent all,are not allowed to use the patentee patent technology.Then the patentee improper expansion of the scope and boundary,outside the legal boundaries to exercise rights may become a reality,this led to a patent abuses have occurred repeatedly.Patent abuse refers to the patent holder beyond the time limit prescribed by law,the scope,boundaries,etc.,using superiority to unfair trade,and the behavior of public interest at the expense of others.These patent rights abuses against the design purpose of patent system,hinders the technological progress,harm the social public interests,infringes upon the lawful rights and interests of the consumers and competitors.In addition,under the wto framework,the western developed countries in the hands of the large number of patent technology,in absolute advantage position in intellectual property rights,many western countries regardless of China's economic development,patent protection,such as reality,blindly requires high standards to protect intellectual property rights in China,and even deliberately ignore China's legal regulation of the abuse of patent right,such as multinational companies to block China's enterprise product development,technology research and development,such as providing favorable conditions,which hampered China's scientific and technological progress and technological innovation.Therefore,from the legal status of China,scientific and technological innovation,such as present situation,to strengthen the legal regulation of all kinds of patent abuse,in order to better safeguard the fundamental interests of the national enterprises in our country,promote the development of China's scientific and technological progress and enterprise.This article embarks from the basic concept of the abuse of patent right,this paper expounds the legal basis for the abuse of patent right,legal basis,constitutive requirements,standards,forms,etc.,analyzes the reasons for the formation of the abuse of patent right,important necessity harms and regulation.At the same time,this article embarks from the present situation of legal regulation of the abuse of patent right in China,explores the patent abuse in our country the problems faced in the legal regulation,and in reference to the United States,the European Union,Japan and so on on the patent abuse regulation,on the basis of successful experience,puts forward the legal regulation of the abuse of patent right path.For example,to prohibit abuse of rights principle and the principle of balancing of interests as the legal basis,perfect thepatent law","anti-monopoly law","anti-unfair competition law",the "regulations on the administration of technology import" and other laws and regulations,establish a legal system to regulate the abuse of patent right.Strengthen the anti-monopoly law enforcement work,establish special antitrust authorities,intensify law enforcement to against the abuse of patent right.