Analysis On The Regulation Of Anti-monopoly Of Patent Pool

Technology is an important competitive tool in the era of knowledge economy,and patent pool with many patents has absolute advantages in integrating complementary technologies,promoting technology dissemination and saving transaction costs.To obtain market advantage to win more profit,many large enterprises collect patent,patent pool control,integrate the industry advantage resources,in the relevant patent technology and patented product markets occupy a dominant market position,restrictions,and exclude market competition behavior,damage to the fair and free competition order,hindered the spread of technology and development,which requires the anti-monopoly law to regulate them.In this context,this paper discusses the specific impact of patent pool on market competition,analyzes the practical problems existing in the anti-monopoly law regulation of patent pool in China,and puts forward Suggestions and countermeasures for the establishment of the anti-monopoly regulation system of patent pool in China.This paper mainly includes five parts.The first part mainly expounds the basis of anti-monopoly regulation of patent pool.Firstly,it introduces the concept of patent pool,analyzes the influence of limited competition caused by patent pool,and explains the connotation of anti-monopoly of patent pool.Secondly,it discusses the theoretical basis of anti-monopoly regulation of patent pool from the three aspects of competition theory,interest equity theory and the value goal of anti-monopoly law.Finally,it discusses the special requirements of China's patent pool anti-monopoly regulation from the aspects of balancing the intellectual property law and anti-monopoly law and designing special anti-monopoly regulation rules.In the second part,after reviewing the current legislation status of patent pool in China,the author analyzes the problems existing in the regulation of patent pool from the aspects of the identification of patent pool,the legal responsibility of patent pool,the penalty measures of patent pool and the supervision of patent pool.The third part analyzes the regulatory experience of patent pool in the United States,the European Union and Japan in order to provide reference for the improvement of China's patent pool antitrust regulatory system.The fourth part,according to the current problems of patent pool anti-monopoly regulation,from perfecting the cognizance of patent pool monopoly and detailing the respons--ibility of patent pool monopoly,increase of patent pool monopoly punishment measures and build a comprehensive regulatory system of this a few aspects of patent pool,to perfect our country patent pool anti-monopoly regulation are proposed.