Research On The Regulation Of Anti-monopoly Law In Patent Union

At present,in the era of knowledge economy,enterprises are increasingly relying on intellectual property rights,especially the patent right,as an important strategic weapon in the fierce market competition.Patent alliance is a new type of strategic alliance,which plays an active role in preventing infringement disputes,solving patent pool problems,integrating complementary technology and reducing transaction costs.However,because the patent alliance is a way of cooperative competition,therefore,it also has the congenital monopoly that is suspected of profit seeking nature,and easy to highlight this kind of exclusive rights,and to disrupt the normal market order of fair competition.In 2008,China began to implement the "anti-monopoly law",provides an important legal foundation for the regulation of patent alliance,however due to the complexity of the intellectual property and the "anti-monopoly law" for the principle of intellectual property rules,so to regulate the abuse of patent rights alliance only rely on the "anti-monopoly law" is not enough.Moreover,the current laws and regulations concerning the abuse of intellectual property rights also have many problems,such as scattered content,backward and weak operability.Therefore,a series of administrative guidelines and regulations supporting the anti-monopoly law are urgently needed.This paper is divided into five parts:The first part is the introduction,which mainly expounds the purpose of this research.This paper mainly analyzes the necessity and practical significance of the research on antitrust regulation of patent alliances,and lists the relevant research status at home and abroad,and introduces the framework,research methods and innovation points of this paper.The second part expounds the basic theory of anti-monopoly law and patent alliance.It is the basis and premise of the argument that the patent alliance may restrict the demonstration basis of antitrust regulation of competition behavior.First,clear the related concepts of antitrust law and patent alliance;secondly,to explore the relationship between Patent Alliance and anti-monopoly law,the conflict of consistency and the function of intellectual property law and anti-monopoly law has the conclusion;thirdly,analysis the positive effect of patent licensing may have both innovation and promote competition,also may also have a negative impact of monopoly and restrict competition;finally,analyzed the theoretical basis of the antitrust regulation of intellectual property licensing.The third part mainly introduces the current situation and problems of the Patent Alliance anti-monopoly law regulation.First of all,the theory of law,economics,philosophy of law,jurisprudence and other multi-disciplinary theories are used to analyze the impact of the existence of patent alliances on their industry and society.Then it analyzes the positive effects and negative effects of the Patent Alliance on the competition,and draws the conclusion that the competition law regulation of the Patent Alliance in China is of great significance.The fourth part through the combination of empirical analysis and induction,the United States,the European Union and Japan to regulate patent alliance in the framework of antitrust law analysis of individual summary,and then summed up the similarities and differences from the perspective of anti-monopoly regulation of foreign patent alliance experience for reference.The fifth part mainly discusses the realistic situation of our country's patent alliance and the suggestion of system improvement.Based on the analysis of China's competition law on regulation of Patent Alliance in legislation and the cause of existing problems,this paper expounds the necessity of perfecting the system of competition law regulation of patent alliance,finally look forward to China's patent alliance competition law system perfect recommendations.