Research On The Application Of Anti-monopoly Law To The Abuse Of Patent Right

In the field of intellectual property rights,with the rapid development of economic technology,the current law has been unable to meet the current trend of technological innovation with each passing day.China's enterprises continue to be strong at the same time also faces from the field of science and technology,from the exclusion of other foreign companies.In order to solve this problem,China should constantly improve its own legislation,to the patentee and the licensee to protect the legitimate interests.As an important legal department in the field of intellectual property,patent law can not perfectly protect the legitimate rights and interests of the right holders and the public interests of society.This requires the involvement of anti-monopoly law,and patent law complement each other complement each other,both on the individual's private rights,but also on the protection of public rights of society.The violation of the rights of others,disrupt the social market order to regulate the behavior.Because of the particularity of the nature of the patent abuse,although the damage in the judicial practice constitute fewer cases,but as long as the composition of the cases are the subject of large,far-reaching case.Therefore,the abuse of patent rights can not be overlooked,is China's urgent need to solve the problem at this stage.Through the analysis of the whole article,you can clearly understand the abuse of patent rights in China is not enough reason why the regulation lies,not only is the lack of legislation,law enforcement in the process of a small number of staff,professional knowledge is not strong is important the reason.Moreover,patent infringement cases are not common in China,but have been increasing in recent years.And the quality of the relevant judicial officers can not keep up with the complexity of the complexity of the case.Which leads to a temporary plight in the regulation of patent abuse.The use of antitrust laws to regulate the abuse of patent rights has been shown to be necessary and feasible.The value of the patent is conferred by the patent law,but with the change of the situation,the patent law to protect the rights of people has been far from enough.When the patentee or licensee abuses the dominant position and abuses the patent right,the relevant provisions of the Anti-monopoly Law can better regulate the occurrence of such behavior.The first part of this paper is mainly about the abuse of patent rights.First of all,the article starts with the concept of abuse of patent right,and points out that there is no definite concept of abuse of patent right in our country,but according to the research of other countries,it is imperative to define it.But also through the description of the characteristics of the abuse of patent rights,that the patent rights of natural monopoly granted by law.From the subject as the patentee or the licensee,the subjective aspect has the intention,the object is beyond the law to limit the patent right behavior,the objective aspect is the behavior has the direct or the indirect damage other people's result four aspects to analyze the patent abuse constitution Elements.In the end,the author analyzes the abuse of patent right from the abuse of market dominance,the abuse of monopoly agreement to the final concentration of operators,and makes a good foundation for how to regulate abuses.The second part of the thesis mainly elaborates the regulation of monopoly law of abuse of patent right from the angle of necessity and feasibility.The necessity mainly starts from the value goal established by the patent right.The patent right not only protects the private rights of the licensee,but also drives the development of the market.Patent law is also the necessary means to supplement the lack of legislation on patent law.Use of anti-monopoly law on China's enterprises to foreign trade to guide the market,make up for the lack of patent abuse in China.The analysis of feasibility is mainly based on the relevant provisions of Article 55 of the Anti-Monopoly Law,and makes relevant stipulations for each case to indicate how the legal interests overlap between the Patent Law and the Anti-Monopoly Law.Two laws.Therefore,the export of patent legislation and anti-monopoly legislation should be a reasonable division of labor,common abuse of patent rights play a regulatory role and the market's economic order does not have an impact.The third part of the paper mainly studies the antitrust regulation of patent abuse in some countries and regions.Mainly through the United States,the European Union,Japan,Taiwan and the relevant provisions of the international conventions study.The UnitedStates mainly promulgated the Sherman Act,the Antitrust Act and other laws to regulate the abuse of patent rights.The regulation of antitrust law of the abuse of patent right in the United States has gone through the process from scratch,from strict to broad,from opposition to dialectics.In the EU,the basic principle of the abuse of patent rights system is to proceed.In the differentiation of market definition in Regulation 772/2004,the differences between the white terms,black clauses and gray clauses in Regulation 240/96 Finally,it clarifies the above four parts of the calculation method of the EU "Guide" to illustrate the valuable experiences of the EU on the abuse of patent right.Japan in the regulation of patent rights is mainly relying on its own national science and technology to establish the basic national policy,led the field of intellectual property legislation rapid development.Although the introduction of the relevant legislation on the latest in Japan,but in the absorption of previous experience on the basis of a qualitative leap forward,with advanced nature and feasibility.Legislation in China's Taiwan region is not the same as in the mainland.All the relevant legal norms by the "Executive Yuan Fair Trade Commission," the introduction of the follow-up of the various "principles" are also in the "Fair Trade Law" on the basis of increasingly perfect.Finally,the international conventions control the abuse of patent rights.This article mainly lists the typical representative of the Paris Convention and the TRIPS agreement on the abuse of regulatory means.The purpose of this paper is to analyze the legislation of different countries and regions as well as the national conventions on this issue,so as to lay a solid foundation for the following work so as to draw lessons from the advanced legislation of these countries.The fourth part of the paper is to improve the abuse of patent rights in China's anti-monopoly regulation of thinking.First of all,the paper analyzes the current situation of China's anti-monopoly regulation,that is,the impact of foreign enterprises,and more and more traditional national enterprises are "backdoor" or even can not survive.Specifically from the status quo of legislation,law enforcement status of the final state of the judicial situation in detail to clarify the problem.Second,when the abuse of patent rights occurs,the relevant responsible person's punishment is not enough;third is the lack of authority and the existing anti-monopoly law enforcement agencies and the lack of authority;Uniformity.Finally,the article draws out the concrete proposal of the reasonable regulation of the phenomenon,namely the legislation system which is based on the establishment of "Anti-Monopoly Law" as the main guideline and the supplement of the Guide.In the legislation should also be flexible use of the relevant regulatory measures,comprehensive consideration of the problem,and the establishment of exclusive control of the abuse of patent law enforcement measures.