Research On The Legal Regulation Of Patent Hold-up

With the rapid development of human society,science and technology has made a great progress so far.The second half of the 20 th century is a new technology revolution era,the new technology revolution push us into a new era-the era of knowledge economy.In this era,economic and trade exchanges become more closely and frequently and the tariff barriers are being eliminated slowly but followed by another method which is named technical barriers.One aspect closely related to technical barriers is the technical standard.The companies try to develop with the mode of proprietary technology,patent standardization,standard internationalization,so the technology standard becomes a problem that cannot be avoided.The patent technology is the heart of technical standard,so the companies are trying to strengthen the research and development between patent technology and standard through the mode.As a kind of public goods,technology standard is in order to pursue the public interest and hope to promote technology on a large scale,promote the interests of consumer and lead the development of the whole economic system.But the intellectual property is a kind of private right to encourage the innovation by giving the patent right to the knowledge owners.Intellectual property has the characteristics of monopoly.Without the permission of the intellectual property owner or the rule of law,no one can use them without authorization.This suggests that the intellectual property is essentially a legal monopolistic right endowed by law.The combination of patent standard and patent right is a new phenomenon along with the economic trade globalization and the enterprise's patent strategy pursuing high added value.So in the process of establishing the technical standards,the patent technology problem can't be avoided.When the legal monopoly of intellectual property rights exist in technical standard,the patentee masters the necessary patent of the technology standard and has dominant position in fact,so they have the bargaining power that can get into the market,the other market participants are held up.This patent hold-up has a huge adverse influence to the market and the consumers and it would severely limit the benign development of economy.In addition,the proportion that our country leads and participates in making the international technical standards is very low.Because of this,China has been in a passive position in the competition of international technology standard.In this background,this article starts from the basic concept of patent hold-up,analyzes and states the characteristics and legal nature of patent hold-up,then teases the cause of patent hold-up.At the same time,starting from the reality of our country,the article analyzes the problem existing in the regulating the patent hold-up.These problems have its inevitability.Besides,this paper also expounds different methods in different countries and different standard organizations on patent held.Then the article put forward some suggestions or opinions to perfect the legal regulation rules on the patent hold-up in order to reduce the patent hold-up behavior which can promote the rapid development of economy and promote the overall competitiveness in the international community.