Study On Legal Regulation On Patent Troll

The problem of Patented Troll in the United States,with the further expansion of world economic exchanges,has spread to the world with a headache.Although our country has been harassed by the Patented Troll at present,many companies in our country have received the impact.In addition,in recent years,the tendency of the domestic Patented Troll forces and the embased of foreign forces on the Chinese market have been imminent.The Patented Troll itself does not engage in the production of goods,but attacks or threatens the related enterprises in the way of litigation.It has caused great damage to the normal market order and social life.China is in the stage of rapid economic development.In the current road of development of science and technology intensive economy,this kind of problem is bound to appear.A thorough understanding and early response measures will help our country's normal economic development.In order to regulate this kind of problem,we must first understand its connotation,so the main body of this article discusses the concept,current situation,operation mode and classification of the patent hooligan in the second chapter.At the same time,it analyzes the positive significance of its existence and the necessity of its regulation.The Patent Troll originated in the United States,caused by a series of policy,legal and economic reasons,and the United States is also a serious disaster area of the world's Patent Troll.To grasp the cause of the phenomenon of the Patented Troll is beneficial to its better regulation and prevention,while the American regulation model also has the corresponding enlightenment to our country's litigation and administrative means when regulating this problem,but its lack of regulation in the competition law deserves our attention and reflection.The fourth chapter discusses the relationship between the intellectual property law and the competition law,and further discusses the relationship between the anti-monopoly law,the anti-unfair competition law and the patent law.Patent Troll is the result of the failure of the patent law itself,and the competition law consistent with its legislative purpose and complementary regulatory means should play a role.On this basis,the paper analyzes the subject of the adjustment of the anti-monopoly law and the anti-unfair competition law and the agreement between the adjustment behavior and the behavior of the patented rogue,that is,the feasibility is analyzed.Finally,in the fifth part,some suggestions are made from the improvement of the fifty-fifth anti-monopoly law in China,the introduction of the patent field antitrust guide,the improvement of the general provisions of the anti-unfair competition law,the improvement of the patent quality,the subject of the examination of the litigation and the improvement of the consciousness of the social patent.It is beneficial.