Research On The Anti-monopoly Regul Ation Of Patent Pool

The patent system of the exclusive rights rising in modern society inspires the enthusiasm of people engaged in the invention,thus promotes the prosperity of the market economy and promotes the social technology progress by protecting the patent holder,however,because the patent right belongs to “the legal monopoly”,there is the possibility of abuse,and the abuse of patent right will have negative effect on the competition,which makes it more and more attention-ed by the antitrust.Under the background of knowledge economy era,there is more and more patents included in the product and technology,the patent licensee for obtaining the technology must be agreed to obtain all the patent holder,and the patent technology between intertwined to form the “jungle” patent problems,the patent holder reached a new “tacit understanding” namely formed a kind of new organization-the patent pool-in order to avoid this problem.The patent pool can be licensed among and outside members,there is being far-reaching significance studying the issue of the anti-monopoly regulation of patent pool: on one hand,the formation of patent pool is helpful to remove the obstacles patents,and avoid the “jungle” patent problems,and promote the technological progress,however,patent pool has a natural monopoly,especially when it used as the tool by members as to consortium the monopoly behavior,its negative influence on the competition would be increasingly obvious,therefore,it should be on the antitrust regulation.On the other hand,due to the lack of a large number of independent intellectual property rights and the limited number of the establishment of patent pool,China usually belongs to the licensee of the intellectual property in the field of international intellectual property trade,by contrast,the developed countries increasingly grab the international and domestic market through the formation of patent pool model,they make of super high patent licensing fees by use the patent pool as a tool to crackdown Chinese enterprises,which seriously threats to the survival and development of Chinese enterprises,so it is of great significance to research the antitrust regulation on patent pool in our country.Patent association has played an important role in Chinese economic development.However,with Chinese reform deepening and the adjustment of economic structure,its negative role in economic development has become increasingly apparent.Therefore,it is imperative to regulate the patent association in China,which is also a major task faced by Chinese patent law.The paper puts forward specific measures to improve Chinese anti-monopoly regulation of patent pool based on the discussions of the related concept of patent pool,the analysis of the current situation of the anti-monopoly regulation in China and the investigation of foreign countries.The paper is mainly divided into the following parts: first of all,it introduces the concept and characteristics of patent pool and the necessity and practical significance of regulating the anti-monopoly of patent pool;secondly,it explains Chinese current anti-monopoly regulation system of patent pool from two aspects: monopoly behavior,anti-monopoly regulation and the existing problems;thirdly,studies the situation of the anti-monopoly regulation of patent pool in the United States,European Union and Japan,and then points out the references for China;finally,aimed at the problems existed in the anti-monopoly regulation of patent pool in China,puts forward specific measures on the improvements for China,by referring to overseas experiences,mainly including of four aspects: improving the anti-monopoly regulation of monopoly agreements and the abuse of market dominance and increasing the system of compulsory licensing for patent rights and public interest litigation.The anti-monopoly regulation of patent pool is in line with the current situation in China,and it is conducive to the sustainable and healthy development of our economy,and is also helpful for the realization of building of the well-off society in the all-round way.