| Along with the development of knowledge economy and industrial division of labor refinement,Non-Practicing Entities playing an increasingly important role in economic operation.The impact of its patent abuse behavior has also aroused widespread concern.Originates from America,NPEs are patent holding individuals or firms who trap manufacturers in patent infringement situations in order to make profit from the illegitimate use of their technology.Over the past few years,NPEs’ behavior have caused damages to the whole industry and slow down innovation process in America.America Lawmakers made grate efforts to fix its nation’s crumbling patent system.Stricken by the patent reform,NPEs are adjusting their operation strategy and seeking for a new market around the world.When China devotes much efforts to protect and develop Intellectual Property Rights,it also offers a great opportunity to NPEs.Along with foreign NPEs’ patent layout strategy,native NPEs will soon germinate.Just like “cancer”,NPEs’ patent abuse behavior exists in knowledge-based economy in market,making threats on the legal rights of businesses and market competition order constantly.For this reason,comparative study method and jurisprudence method are quoted to conduct a comprehensive discussion in this paper.This paper falls into five parts.Firstly,this paper conducts the analysis of the research status,taking a grasp of research situation both domestic and foreign.Then,analysis of basic theory has been stated: concept,forming factors,patterns and impact of NPEs.We especially analyzed and identified NPEs’ patent abuse behavior to understand their inner meaning and characteristic.Through the status quo,current legislation,judicial status of business research,we analyze and identify their problems inherent.Selected United States as outside study object,analysis their coping strategies and learn from their way to deal with it.Finally,better measures and suggestions were made in this article both in legislation and judicial practice. |
