Research On The Patent Rights Abuse In The Patent Pool

Patent pool is a new strategic alliance.On the one hand,the patent pool can solve the problem of "patent jungle",eliminate the obstacle of patent licensing,reduce the cost of patent license,and play an active role in integrating social technology.On the other hand,the existence and development of patent pool has been questioned and even resisted because of the endless abuse of rights in reality.In order to exert the positive role of patent pool in economic development,it is necessary to regulate the abuse of rights in patent pool.On the one hand,it is necessary to probe into the nature of the abuse of rights in the patent pool,including the study of the monopoly of rights closely related to the abuse of rights.On the other hand,the paper studies the problem of excessive monopoly and abuse of power,including theoretical dilemma and behavior.On this basis,drawing on the experience and lessons of foreign countries,and combining the current situation of our country and the existing conditions,the author puts forward some suggestions to perfect the regulation system of the abuse of rights in the patent pool in order to better prevent and cure the abuse of rights in the patent pool.In addition to the introduction and conclusion,this paper focuses on the abuse of rights in the patent pool,which is divided into four parts:The first part is the second chapter of the article,the introduction of the basic situation of the patent pool and the question.The part provides an overview of the concept,characteristics and benefits of the patent pool and provides the basis for further research of the article.Besides the basic overview,this part combines the development of the patent pool at home and abroad,and extracts the problems and difficulties related to the abuse of rights in the course of the development of the patent pool.The second part is the third chapter of the article.This paper analyzes the abuse of rights in the patent pool.On the basis of correctly identifying and judging the abuse of rights,the problem of abuse of rights can be further discussed.The third part is the fourth chapter of the article.This paper probes into the influence of the abuse of rights,and finds out the reasons for regulating the abuse of rights in the patent pool.First of all,in order to define the influence of abuse of rights more clearly,it is necessary to distinguish right monopoly from right abuse.Monopoly is the natural attribute of patent pool,and the positive significance of right monopoly cannot be completely denied.Secondly,the abuse of rights conflicts with the theory of law,which provides the basis for regulating abuse of rights.Finally,it analyzes the influence of the abuse of rights on the patent pool,which restricts the further development of the patent pool,and should be regulated and prevented by policies and laws.The fourth part is the fifth chapter,the sixth chapter,is to put forward the perfect suggestion to the patent pool right abuse regulation.First of all,it summarizes and analyzes the experience and reference of foreign countries in regulating the abuse of rights in the patent pool,and selects the United States,the European Union,Japan and international treaties,which have a long history of patent pool development.The relevant extraterritorial laws and regulations are collated and compared.Secondly,it analyzes the existing regulation system of right abuse in patent pool in China,and summarizes its shotcomings.Finally,in order to prevent and cure the abuse of rights in the patent pool,the author puts forward some suggestions on how to perfect the regulation system of the abuse of rights in the patent pool from four aspects:administration,legislation,judicature and law enforcement.