Technological Innovation And Rights Abuse In The Patent Pool

Patent pool is the accumulation of innovation patent,has the characteristics of technology integration.It has the innovation incentive effects in promoting technology innovation,and can reduce transaction costs,encountered in the process of clearing patent license,and promote the implementation of technical standards either.However,patent pool can prone to "free rider" behavior.Its natural monopoly tendency has the monopoly rights abuse,negative effect of technology market,which hinder the technology innovation.Especially when rights abuses breaking the anti-monopoly law,would disrupt the market order,which is not conducive to the healthy development of the enterprise.Patent pool is a two-edged sword,with the help of its power for the promotion of technological innovation can help Chinese enterprises to enter the international market,but its power to the obstacles of technology innovation can easily disrupt the competition in the market.This article starting from patent alliance analysis on the effect of technology innovation,put forward in view of the present legal framework of patent pool rights abuse regulation deficiency of the perfect proposal reference to foreign judicial practice experiences.And then solve two big difficult problem of innovation and the monopoly of patent pool.Besides the introduction and conclusion,the article is divided into four parts:The first part is the overview and the problem of patent pool.This chapter give a brief introduction of the concept and classification of patent pool,And then refined of the four problems faced in the patent pool under the background,lead to discuss the innovation and the monopoly of as two big problems.The second part is the influence for technology innovation of patent pool.This chapter is the discussion innovation problem proposed above,discuss by technology innovation promoting and blocking effect of the patent pool.Affirmation of the positive effects of patent alliance to promote technology innovation,and leads to the discussion of the monopoly problem from preventing the negative effect of technology innovation of the patent pool.The third part is the right of patent alliance.In view of the mentioned above lead to monopoly problem of this part,related theoretical research.And then from theory to practice,turn to the domestic and foreign patent union rights abuse law regulation a comparative study.The fourth part is the insufficient of our country’s patent union rights restrictions and improvement Suggestions.This part is the conclusion part of this article,analyzes the patent alliance rights abuse of the lack of legal regulation and put forward corresponding perfecting suggestion.In order to solve the former problem of innovation and the monopoly of the proposed in this paper.