The Antitrust Law Regulation On Patent Pool

In the knowledge economy, intellectual property plays an increasingly important role in promoting technological innovation and market economy. In the tide of economic globalization, the patent pool has become an important means to implement intellectual property strategies in multinational companies worldwide. Patentee in the exercise of patent rights, if not properly expand their rights, patent licensing and antitrust law is bound to make the legal system as the representative of the conflict. How to use the antitrust laws regulate various patent pool license has always been a hot issue. February 10, 2015, the National Development and Reform Commission released a report on the abuse of a dominant market position Qualcomm antitrust findings, ordered Qualcomm to stop related offenses, a fine of 6.088 billion yuan. This is the largest in the history of antitrust fines amount. From August 1, 2015, provisions on the Prohibition of the Abuse of Intellectual Property Rights and Restrictions on Competitive Behavior(hereinafter referred to as the Provisions on the Prohibition of the Abuse of Intellectual Property Rights) formally implemented, which is a huge step forward. However, due to patent pools complex, its anti-monopoly law regulation system there are still many issues that need improvement.In this paper, an overview of Qualcomm case, leads to the need to analyze the problem, This shows that the patent system associates antitrust regulations demand. This paper is divided into four parts:The first part, explain the basic theory of patent pools. From the Provisions on the Prohibition of the Abuse of Intellectual Property Rights Article 12 of the statements of the patent pool, to define patent pools. From an economic point of view of the causes and the promotion of patent pools have on social development. Give some common examples of monopoly about patent pools, to explain the necessity of using antitrust regulations on patent pools.The second part, Current Situation of antitrust regulations patent pools. First, sort out the country's patent pool regulation system. Secondly, from the formation conditions of operability, patent pools organization, abuse of regulatory and enforcement powers vested in four analyzes the current situation of antitrust regulations patent pools, it analyzes the Provisions on the Prohibition of the Abuse of Intellectual Property Rights Article 12 Content Problems, lay the foundation for recommendations to improve the text.The third part, patent pools extraterritorial antitrust regulations and its enlightenment. Common Law select US representatives, civil law as the representative of the EU and Japan to select its patent pool antitrust regulations relevant aspects of the case were investigated, and which draws in part to China summed up patent pools Antimonopoly Regulation.The fourth part, provide some suggestions. Corresponding to the third part of the problem, from the determination of the principles of patent pools antitrust regulations, coordinated approach to competing legal relations, increase special provisions on the formation of patent pools and abuse and the establishment of four joint anti-monopoly enforcement mechanism, combined regulatory methods in other countries and regions, made a number of recommendations to improve.