Research On Legal Regulation Of Patent Misuse

In recent years,in patent-intensive industries such as software and electronics,Chinese companies have frequently suffered harm from multinational corporations.The harmful consequences of the damage suffered by Chinese enterprises not only hinder the fair competition in the market,but also threaten the upgrading of related industries.It's not only unfavorable to safeguard the legitimate rights and interests of consumers,but also has a negative impact on China's social development.With the advancement of science and technology,patents have become increasingly prominent in the social economy.Due to the monopolistic and exclusive nature of patent rights,the law gives patentee the exclusive right to enjoy patent rights and exclude the illegal use of others.No one may use the patented technology without obtaining the legal permission of the patentee;therefore,the patent right is also called a legal monopoly right.It has been 16 years since China's accession to the WTO.We once immersed ourselves in the joy of China's accession to the WTO and the success of its investment strategy.However,in the near future,the positive confrontation between domestic and foreign companies in the field of intellectual property rights has forced us to pay attention to the issue of the misuse of intellectual property rights.Under the legal framework of the WTO,Western developed countries have mastered a large number of patented technologies on the basis of their natural advantages,leading China to be at a disadvantage in intellectual property rights.The developed countries disregard China's economic development as a developing country and the immature status of patent law,blindly demand that China protect patents with high standards,and even deliberately circumvent the misuse of patent rights in China.Excessive patent rights Protection standards have created enormous obstacles for Chinese companies to carry out technological R&D and innovation.They also provide an excuse for international companies to ban Chinese products developed and manufactured independently by Chinese companies and hinder China's technological innovation and technological progress.In China,the first patent law has been implemented for more than 20 years,and the development time of the patent system is short,resulting in the immature development of all aspects.After China's accession to the WTO,the patent law was revised by the external pressure of the developed countries to strengthen the protection of patents.Under the spur of international pressure,China's patent protection has been successfully integrated with thedeveloped countries.However,due to the regulation of misuse of patent rights,developed countries based on the protection of their own interests put pressure on our laws to strengthen the protection of patents.The dual reasons for the relatively short development time of China's patent system are that China must lag far behind the international level.This paper is divided into four parts and expounds the four aspects of the patent misuse,the comparative research on the legal regulation of patent misuse in developed countries and regions,the current situation and deficiency of the legal regulation of patent misuse under the existing legal system in China,and the perfection of the misuse of patent right in our country.The first part mainly discusses the outline of patent right.Firstly,the concept of misuse of patent rights was discussed.Secondly,the historical evolution of the development of patent rights was generally described,and the constitutional elements,manifestations and harms of the misuse of patent right were analyzed.The second part mainly deals with the comparative study on the misuse of patent right in legislative practice in developed countries and regions.The article first briefly discussed the measures for regulating the misuse of patent rights in international and developed country(region)legislation,and then proceeded to analyze the experiences of some typical countries and regions in regulating the misuse of patent rights,and took its desirable and common points.In the third part,it first briefly introduces the existing legislation in China on the misuse of patent rights,and discusses the problems existing in the regulation of the misuse of patent rights under the existing legal system in China.In the fourth part,first of all,a brief review of the new provisions in the field of patent law and the field of antitrust law,as well as suggestions on the misuse of patent rights in the field of patent law and antitrust law,and finally,we propose to establish a dual-track legal system based on the Antitrust Law and the Patent Law.